Schultheis v. Schultheis

This case involves the partition of jointly owned property.

In December 1962 and January 1963, Winifred and Andrew Schultheis conveyed farmland to six of their children and the spouses of the married children. In 1963, at the request of their parents, the grantees signed an agreement which, among other things, provided no party would seek partition and the covenants contained in the agreement were to run with the land. The grantees did not negotiate the terms of the agreement. Rather, it was signed at the request of the elder Schultheises who wished the property to remain in the family.

Andrew…