Forrest v. Elam

Alice Forrest's will gave her son Fern (plaintiff) a life estate lasting only "for so long as he lives upon the property," with the remainder passing equally to her other children upon Fern's removal or death. Fern later filed a partition action against his siblings (defendants) seeking to sell the property and divide proceeds, but argued he should first receive the value of his life estate deducted off the top before the remaining proceeds were split four ways, since his physical removal from the property (the event terminating his life estate) hadn't technically happened until the sale itself. The trial court found Fern had effectively abandoned his life estate by bringing the partition action, vesting his siblings' remainder interests, and divided the proceeds equally four ways without compensating Fern separately for his life estate; Fern appealed.