Reynolds v. Lacey

Mr. JUSTICE KASSERMAN,

specially concurring:

I concur with the majority in holding that plaintiff’s complaint for partition was properly dismissed; however, I am of the opinion that the majority has focused unnecessarily upon the question of the best interests of the minor defendant in this case. As a consequence, the majority has failed to consider the fundamental issue presented, being whether a partition action can be brought by an individual whose interest in real property is derived from the assignment of a dower interest which consisted of the receipt for life of a portion of the rents…