Thiele v. Whittenbaugh

McGIVERIN, Justice.

This appeal involves questions that arose in an action to partition land between a life tenant, the second wife of a testator, and remaindermen under the testator’s will. The trial court ordered the sale of the land and ruled that the partition sale proceeds were to be invested by a court-appointed trustee, with the income to be paid to the life tenant; and if the income was insufficient, the corpus of the trust could be invaded to pay the “expense of sickness” of the life tenant. In addition, the court ruled that the life tenant’s medically prescribed nursing home care…