FUTURE INTERESTS-POWER OF REMAINDERMAN TO COMPEL PARTITION OF FUTURE INTERESTS

A remainderman in fee of an undivided interest in real estate brought a suit to compel partition of the remainder. The whole of the premises was subject to a life estate, but the life tenant made no objection to this action. The applicable Nebraska statute provided that "all tenants in common, or joint tenants of any estate in land may be compelled to make or suffer partition of such estate or estates in the manner hereinafter prescribed." Demurrers to the petition were sustained on the ground that an estate in remainder could not be the subject of involuntary or compulsory partition. On appeal, held, reversed, three judges dissenting.

The statute was construed as changing the common law to permit such a suit for partition among the remaindermen prior to the death of the life tenant. Baskins v. Krepcik, (Neb. 1950) 43 N.W. (2d) 624.