IN RE ESTATE OF NORTON

No. 90-527.

135 N.H. 62 (1991)

In re ESTATE OF PHYLLIS R. NORTON

Supreme Court of New Hampshire.

November 8, 1991.


Attorney(s) appearing for the Case

McLane, Graf, Raulerson & Middleton P.A., of Manchester (Bruce W. Felmly and Thomas W. Hildreth on the brief, and Mr. Felmly orally), for the plaintiff, Randall D. Merchant.

Boynton, Waldron, Doleac, Woodman & Scott P.A., of Portsmouth (Ralph R. Woodman, Jr., and Francis X. Quinn, Jr., on the brief, and Mr. Quinn orally), for the defendants, Nancy McFarland & a.


THAYER, J.

The plaintiff, the life tenant of real estate located in Gilsum, sought partition against the defendants, who hold the remainder interest in the property. The Cheshire County Probate Court (Espiefs, J.) denied the request. The issue on appeal is whether RSA 538:1 allows a life tenant in possession to compel partition against the holder of a remainder interest. We hold that it does not, and therefore affirm.

RSA 538:1 reads:

"One...

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