Featherston v. Tompkins

Defendant, Millie Featherston, appeals an order authorizing the partition and sale of real property thereby terminating a testamentary trust of which she is trustee.

Plaintiff, H. W. Tompkins, married defendant’s sister, Betty Featherston Tompkins, and during their marriage, they acquired a marital residence which is the subject of this litigation. Betty and H. W. *307were divorced and pursuant to the final decree, they became owners of the residence as tenants in common. H. W. was given occupancy of the house along with custody of the three minor children of the marriage. Thereafter Betty died…