In re Estate of Norton

The plaintiff, the life tenant of real estate located in Gilsum, sought partition against the defendants, who hold the remainder interest in the property. The Cheshire County Probate Court (Espiefs, J.) denied the request. The issue on appeal is whether RSA 538:1 allows a life tenant in possession to compel partition against the holder of a remainder interest. We hold that it does not, and therefore affirm.

RSA 538:1 reads:

“One or more persons, having or holding real estate with others, in possession, reversion or remainder, may have partition thereof as in this chapter provided. And the…