Curtis v. DesChamps

Gardner, Justice:

In August 1921, the parents of the parties to this action partitioned and divided among themselves 887 acres of land. At the time of the partition the parents apparently believed they could convey one to the other fee simple title to the parcels of land respectively received by each in the partition. But, only 428 acres of the land (estate property) were owned *318in fee by the partitioners; title to 459 acres1 of the land (trust property) was, perforce of a trust deed, owned by the partitioners for life, with remainder per stirpes in fee to the partitioners’ children, the…