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Robinson v. Baker

The appellant's petition to partition 120 acres of land did not absolutely negate all rights she may have to partition.

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This is an appeal from a “final order” of the Superior Court of Irwin County dismissing a “Petition to Partition in Equity and Authority to Sell at Private Sale or Public Auction.” For the reasons which follow, we reverse and remand. In 1952, H. H. Busbin conveyed approximately 120 acres of land to his daughter, Jewell Busbin Robinson.1 The deed contained the provision that it was “made subject to a life interest for the Grantor, H. H. Busbin and in the event of no body sic heirs of grantee Robinson, said lands is sic to convert back to the estate of said grantor H. H. Busbin estate, at the death of the grantees.” H. H. Busbin died intestate in 1961 survived by his wife2 and fourteen children, including Robinson.

Robinson attempted to acquire quit claim deeds from her siblings, conveying their interests to her. She secured quit claim deeds from her mother and eight of her siblings, allegedly giving her a “9/14 remainder interest” in the property. However, some of the heirs with ostensible interests in the property refused to execute the requested quit claim deeds. Thereafter, Robinson filed the present “Petition to Partition in Equity and Authority to Sell at Private Sale or Public Auction.”3 At the time of filing her petition, Robinson was 82 and had no children.

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