Billings v. Billings

Marshall, Justice.

The appellant, who has an entire life estate and 87.8% of the undivided interest in a tract of land, filed a petition for partition, naming as defendants the other remaindermen. The petition alleged that the property cannot be divided in kind so as to equitably divide it between the parties at interest, and prayed for its sale (in accordance with the provisions of Code § 85-1511), disposition of the proceeds of the sale (per Code § 85-1512), and delivery of possession to the purchaser upon the death of the sole life tenant, petitioner-appellant. The petitioner appeals from…