Feiner v. Wolgemuth

The question presented on this appeal is whether the consent of a life tenant of an undivided one-quarter interest in real property is necessary for the maintenance of this action for partition by tenants in common, who are the owners in fee simple of other undivided interests in the property which are not subject to the life tenancy, and who also *177hold vested remainders in the undivided one-quarter share of the property which is subject thereto.

The facts are not in dispute. Etta Margolies, the mother of all the parties to this action, devised the real property known as 307 Rockaway Avenue,…