Sheets v. Simms

Hill, J.:

In this case we decide if a district court’s confirmation, of a real estate partition commission report is an abuse of discretion. Two grandchildren, feeling aggrieved by being excluded from their grandfather’s will, filed the partition action in order to receive the value of their one-third interest in jointly owned real estate in Republic County. A court-appointed partition commission inspected the property, concluded partition in kind was not practicable, and so determined the fair market value of the real estate instead. Our review of the record reveals that the trial court…