CARTER, Justice.
This matter arises on a motion to dismiss the appeal as moot. The factual situation is substantially as follows: Floyd M. Stiff died testate. By his will, he devised his real estate to his wife and mother by a provision which was brought to this court for construction after the trial court denied a partition of the property on the part of the mother. The issue was the nature of the estate devised and whether or not it was subject to partition.
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