law-partition-of-land | declaratory judgment |
PARTITION SUIT | PARTITION OF LAND CASE LAW
SHARON SWANK BACKHUS, BENJAMIN F. SWANK, III, SHANNON LEA WERCHAN PICKERING, SWANK
TURNER BACKHUS, BENJAMIN FONTAINE SWANK, IV, CHRISTIAN HARRIS SWANK AND SUZANNE
SWANK PORTER v. HAVEN LYNN WERCHAN WISNOSKI AND SHANE ALAN WERCHAN; from Grimes
County; 1st district (01-07-00041-CV, ___ SW3d ___, 03-13-08)
Backhus v. Werchan Wisnoski (Tex.App. - Houston [1st Dist.] Mar. 13, 2008, pet. denied Aug
2008)(Nuchia) (probate law, construction of will, real estate law, partition of land)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
This is an appeal from a declaratory judgment action. Appellants sought a judicial declaration that the
partition of certain lands inherited by life tenants, Sharon Swank Bacchus and Benjamin F. Swank, III ("B.
F."), was valid and binding on all parties. Appellants challenge the trial court's denial of their request for
declaratory judgment in two issues: (1) Is the partition made by Sharon Swank Bacchus and B. F. Swank,
III valid and binding on all persons? and (2) Did the will of E. W. Harris especially grant the right of partition
to Sharon Swank Backhus and B. F. Swank, III? We affirm.