Bowman v. Phillips

George Rose Smith, Justice.

The question here is whether a life tenant, the appellee W. D. Phillips, Jr., who is entitled to the exclusive possession of the property, can maintain a partition suit against the vested remaindermen. We disagree with the chancellor’s conclusion that the suit is maintainable and therefore reverse.

In 1944 W.D. Phillips, Sr., conveyed the 43.75 acres in question to his son, the principal appellee. The deed (a) reserved a life estate in the grantor, (b) granted a life estate to the son after the grantor’s death, and (c) provided that upon the son’s death the property…