Morris v. Morris

HARRIS, Justice.

Will partition lie against defendants whose only interest in the real estate is subject to a life estate? The trial court ordered partition in kind, and the court of appeals, with modifications, agreed. We disagree and hold that partition cannot be ordered against such defendants. Other questions relate to defendants’ counterclaim, rejected by the trial court, to set aside certain transactions among the plaintiffs. We affirm in part, reverse in part, and remand.

Many estate plans founder because an heir-apparent’s death occurs before a testator’s. The eighty acres of farmland…