Maitland v. Allen

In this appeal, we consider whether one of two life tenants may compel partition of real property against the other life tenant and the remaindermen. The Circuit Court of Lunenburg County, citing Corneal v. Lynch, 91 Va. 114, 20 S.E. 959 (1895), held the life tenant could compel partition as to her co-life tenant. Citing Whitby v. Overton, 243 Va. 20, 413 S.E.2d 42 (1992), the trial court held partition could not be compelled by the life tenant as to the remaindermen. For the reasons discussed below, we will affirm, in part, the judgment of the trial court and remand the case for further…