Wood v. Bryant

Citations

• 68 Miss. 198

Syllabus

<p>1. Partition. Dower. Infant.</p> <p>When a portion of the land of a decedent has been set apart to his widow as dower, the heirs, some of whom are minors, owning the remainder, a suit by the widow and some of the adult heirs against the other owners for partition of the whole land cannot be maintained.</p> <p>2. Same. Parties. Misjoinder.</p> <p>Since the widow in such case has no interest in the lands of the estate not allotted to her as dower, she is an improper party to a suit for their partition.</p> <p>3. Partition of Intestate’s Lands. Administrator not a proper party.</p> <p>An administrator has no interest in the lands of his intestate, and is therefore an improper party to a suit for partition of lands of which his intestate was a tenant in common.</p> <p>4. Same. Character of estate. Hotchpot. Infant.</p> <p>Even if the widow were permitted to throw her dower into hotchpot with the other lands of the estate and unite with the heirs in praying parth tion of the whole, the partition should be denied if it involves the interests of minors whose rights might be injuriously affected.</p>