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WHITBY v. OVERTON

Record No. 910367.

413 S.E.2d 42 (1992)

Eddie Lee WHITBY, et al. v. R. Harold OVERTON.

Supreme Court of Virginia.

January 10, 1992.

Attorney(s) appearing for the Case

William E. Green, Jr., Brookneal (Baker, Williams & Green, on brief), for appellants.

Robert E. Clement, Victoria, for appellee.

Present: All the Justices.

OPINION

COMPTON, Justice.

The sole issue in this partition suit is whether a life tenant of one moiety of real property has the right to compel partition of the land against the owners of the remainder interest of that moiety. The answer to that question is controlled by whether a life tenant can be a tenant in common with remaindermen under the circumstances of this case.

The facts are undisputed. By deed dated in November 1986, Norma N. Williams...

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