West v. Williams

ROBERTS, Justice.

Two remaindermen appeal a judgment of the York County Probate Court (Brooks, J.) authorizing the holder of a life estate in land and buildings to sell part of the property because she is unable to maintain it. We vacate the judgment and remand with direction to dismiss the complaint because certain statutory procedures were not followed.

The will of R. Jean West's mother left her a life estate in four cottages on four contiguous lots on the coast in York Beach. Under the will, the remainder is devised to West’s issue per stirpes upon her death. On her complaint, the court…