Quillen v. Tull

Mary Ann Beebe died testate in 1940. Under her will, she directed her executor to sell her real estate and divide the proceeds among specified beneficiaries. Although the executor carried out the mandate of the will as to certain realty, he died without having sold four parcels on Chincoteague Island.

On November 7, 1979, Edward Lunn Tull and Zed Ayres, who together owned approximately a 52 per cent interest in the parcels, filed a bill of complaint in the trial court seeking partition by sale and distribution of the proceeds. Named as defendants were known and unknown parties having interests…