Eberle v. Gaier

Citations

• 89 Ohio St. (N.S.) 118

Syllabus

<p>Partition^ — Remainderman not entitled to same, when — Sale of real estate incidental to partition — Sale cannot be had, when — Effect of consent of life tenant — To partition and sale — Waiver of life . estate.</p> <p>1. Where there is an outstanding estate for life vested in a third person in the whole of the premises of which partition is sought, remaindermen cannot have partition. (Tabler v. Wise-man, 2 Ohio St., 207, approved and followed.)</p> <p>2. In the statutory proceeding in partition, the sale of the real estate is incidental to the partition thereof, and a sale cannot he had if the right of partition does not exist.</p> <p>3. In an action by a remainderman for partition of real estate in which there is an outstanding life estate vested in a third person in the whole of the estate, an order of partition cannot be made over the objection of any of the other remaindermen, although the life tenant consents to the partition or sale of the real estate sought to he partitioned, free from his life estate, agrees to take the value of the same in money and asks the court to fix the value thereof in money and order the same paid to him. This is not a waiver of the life estate.</p>