Easly v. Easly

Citations

• 78 Wash. 505
• 139 P. 200
• 1914 Wash. LEXIS 1051

Syllabus

<p>Partition — Estates Subject — Tenants for Life or Years and Remainderman. The owner of an estate for life or years cannot maintain partition in kind against the owner of the remainder in fee in the same land; hence, in partition between a widow and minor children, it is error to attempt to make partition between a life tenant and a remainderman by reducing the life estate to its money value and awarding its equivalent in property in fee, with the resultant fee simple to the remainderman.</p> <p>Same — Partition in Kind — Power of Court — Statutes — Construction. The statutes of this state do not authorize a partition in kind so as to extinguish an estate for life or years by a substitution of an estate in fee simple, in any manner except by payment of its present worth in money, and then only where there is a sale of the entire property.</p> <p>Partition — Incumbbances—Assumption. Upon the partition of property encumbered by mortgages, the party assuming the incumbrances should be awarded1 additional property of equal value, making, in effect, a partition of the net estate.</p>