Regan v. McMahon

Citations

• 41 Cal. 679
• 1871 Cal. LEXIS 155

Syllabus

<p>Judgment in Partition.—If tenants in common own, some in fee, others a life estate, and the deed creating the life estate gives the remainder to such children, and the lawful issue of deceased children, of the person owning the life estáte, as shall he. living when the life estate terminates, a judgment of partition, made before the life estate terminates, should not fix the quantity of interest of those claiming the remainder. Such judgment sufficiently protects those claiming the remainder, if it allots the life estate, subject to the right of those holding in remainder.</p> <p>Idem.—When it is uncertain to whom, and in what proportions, a remainder may descend, after the termination of a life estate, a judgment in partition, made before the life estate terminates, should not ascertain the interest of those holding in remainder.</p>