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STEPHENS v. GILLETTE

No. 33757.

464 S.W.2d 507 (1971)

Crystal STEPHENS, Plaintiff-Appellant, v. Roderick E. GILLETTE et al., Defendants-Respondents.

St. Louis Court of Appeals, Missouri.

February 23, 1971.

Attorney(s) appearing for the Case

Niedner, Niedner & Moerschel, St. Charles, for plaintiff-appellant.

Klutho & Cody, St. Louis, for defendants-respondents.

CLEMENS, Commissioner.

This is a suit for partition by plaintiff life tenant against defendant contingent remaindermen under § 528.010, V.A.M.S., which permits partition by a life tenant when the life estate is "burdensome and unprofitable." That is the issue here. The trial court found against the plaintiff life tenant and she appeals. We affirm.

We find the following to be the facts. The parties' grandfather Edmund Kessler died testate in 1926. He devised...

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