Sanders v. Bailem

CRAWLEY, Judge.

Leatha Woods died in 1989. Subsequently, her will was admitted to probate. Sammy Sanders was named as executor. The will devised certain real estate and a house to Sanders, Maggie Bailem, and Evelyn Goree as cotenants, with each taking an undivided one-third interest.1 In April 1995, Bailem and Goree filed a “Complaint for Partition and Division” in the circuit court, alleging that they and Sanders each owned a one-third interest in the real estate and that the property could not be equitably partitioned. They asked that the real estate be sold and the profits divided. In…