PERRETTA, J.
This appeal raises the single question whether a tenant in common who holds a declaration of homestead under G.L.c. 188, § 2, may assert that declaration against her two cotenants as an absolute bar to their petition to partition. On undisputed facts, a judge of a Probate Court concluded that the two tenants in common had an absolute right to partition which could not be defeated by the third tenant's declaration of homestead. We affirm.
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