Oliver

This action was instituted to secure a decree of partition of certain real property, the plaintiff, J. E. Oliver, claiming an undivided one-quarter interest therein as surviving husband and heir at law of Harriett A. Oliver (née Miller), deceased.

The complaint sets forth that at the time of her death Harriett A. Oliver (née Miller) was the owner of an undivided one-half interest in and to the property described in the complaint; that the appellant, Charles Elmer Miller, was the surviving son and only child of the said Harriett A. Oliver; that the plaintiff and respondent, J. E. Oliver, was the surviving husband of the deceased. The property involved in this action was originally owned by Charles Sperry, deceased; that the said Charles Sperry died testate, leaving a will in which he devised his property to his surviving widow, Lydia J. Sperry, for and during the natural term of her life, and upon her death, to Frank Sperry and Harriett A. Miller (at the time of her death, Harriett A. Oliver). The decree of distribution in the estate of Charles Sperry, deceased, reads as follows: “That there be, and hereby is distributed to the said Lydia J. Sperry, for and during the natural term…