Whitby v. Overton

The sole issue in this partition suit is whether a life tenant of one moiety of real property has the right to compel partition of the land against the owners of the remainder interest of that moiety. The answer to that question is controlled by whether a life tenant can be a tenant in common with remaindermen under the circumstances of this case.

The facts are undisputed. By deed dated in November 1986, Norma N. Williams and Gerald D. Williams conveyed to Edna W. Overton and appellee R. Harold Overton, wife and husband, and to appellants Eddie Lee Whitby, William E. Whitby, Gracie W. Golden,…