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MAITLAND v. ALLEN

No. 031224.

594 S.E.2d 918 (2004)

267 Va. 714

Barbara A. MAITLAND [VV v. Wilbert C. ALLEN, et al.

Supreme Court of Virginia.

April 23, 2004.

Attorney(s) appearing for the Case

Bradley P. Marrs (Julia B. Adair; Meyer, Goergen & Marrs, on brief), Richmond, for appellant.

Jill C. Dickerson, Farmville, for appellees.

Present: All the Justices.

G. STEVEN AGEE, Justice.

In this appeal, we consider whether one of two life tenants may compel partition of real property against the other life tenant and the remaindermen. The Circuit Court of Lunenburg County, citing Carnal v. Lynch, 91 Va. 114, 20 S.E. 959 (1895), held the life tenant could compel partition as to her co-life tenant. Citing Whitby v. Overton, 243 Va. 20, 413 S.E.2d 42 (1992), the trial court held...

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