Backhus v. Wisnoski, No. 01-07-00041-CV, 2008 WL 660013, at *3 (Tex. App.-Houston [1st Dist.] Mar. 13, 2008, pet. denied) (mem. op.)
The First Court of Appeals affirmed, holding (1) the partition was invalid because the life tenants purported to partition fee simple title but Texas law precludes holders of life estates from partitioning property to grant higher estates than they own, and (2) partition binding on the remaindermen was not authorized under the will. See Backhus v. Wisnoski, No. 01-07-00041-CV, 2008 WL 660013, at *3- 5 (Tex. App.-Houston [1st Dist.] Mar. 13, 2008, pet. denied) (mem. op.) (" Backhus I"). The Supreme Court of Texas denied appellants' petition for review.