Rodkey v. Rees

BRIGHTMIRE, Presiding Judge.

The unprecedented question here is whether the request of a co-tenant to partition certain lands must be denied because her co-tenant is a testamentary trustee who during the term of the trust is “not authorized or empowered to sell, transfer or dispose of any real property.”

We hold it must and therefore reverse the decree of partition entered below.

The background facts are that one Earl A. Rodkey died testate possessed of certain real 'property. His will, which was offered for probate by his widow — Ada Rodkey, plaintiff below- — devised an undivided one-third…