Sale of Life Estate

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Partition
  5. Sale for Division
  6. Sale of Life Estate

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  1. The court may, with the assent of the person entitled to an estate for life, to the whole or any part of the premises, who is a party to the proceedings, sell such estate with the rest.
    1. If such person is incapable of giving assent, the court may determine, under all the circumstances, and taking into view the interest of all the parties, whether such estate ought to be excepted from the sale, or sold.
    2. If the person entitled to any such estate for life be unknown, the court may determine whether the estate shall be sold or not, as in the case of persons under disability, and, in the event of sale, make such order for the protection of the rights of such person in the same manner, as far as may be, as if the person were known and had appeared.
  3. When such interest is sold, the value thereof may be ascertained and paid over in gross, or the proper proportion of the fund invested, and the income paid over to the party during the continuance of the estate.

Code 1858, §§ 3305-3308 (deriv. Acts 1855-1856, ch. 164, § 2); Shan., §§ 5054-5057; Code 1932, §§ 9209-9212; Acts 1976, ch. 529, §§ 9, 10; T.C.A. (orig. ed.), §§ 23-2135 — 23-2137.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 496.

Tennessee Jurisprudence, 6 Tenn. Juris., Constitutional Law, § 58; 10 Tenn. Juris., Dower, §§ 9, 15, 19; 11 Tenn. Juris., Estates, § 10.

Cited: Hipshire v. Stapleton, 57 Tenn. App. 339, 418 S.W.2d 457, 1966 Tenn. App. LEXIS 209 (Tenn. Ct. App. 1966); Yarbro v. Easley, 525 S.W.2d 495, 1974 Tenn. App. LEXIS 123 (Tenn. Ct. App. 1974).


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