Oakes v. O'Neal

By Judge Robert K. Woltz

In 1968 the defendant, Samuel O’Neal, as life tenant under his father’s will had certain real estate sold in a suit instituted under § 8-703.1. The net proceeds of slightly over $9,000 were decreed to be paid to a special receiver which, in the absence of any directions contained in the decree, has invested the fund and paid net income to the life tenant. Life tenant’s two sons are the remaindermen.

The petition in this suit is to seek a commutation and payment to the life tenant of his interest in the fund with the division of the balance to the two remaindermen.

The…