Moeckly v. Hanson

Summary

The court affirmed the order requiring partition and sale of the property because the corrective deed changed the parties' interests without expressly declaring a joint tenancy, thereby creating a tenancy in common. The antenuptial agreement did not require the property to remain jointly held, and the court properly denied a jury trial because partition is an equitable proceeding. The challenge to findings concerning testamentary capacity and undue influence was waived and, in any event, lacked merit.