2127.08 Fractional interests - sale of entire interest.
2127.08 Fractional interests - sale of entire interest.
When the interest of a decedent or ward in real estate is fractional and undivided, the action for authority to sell such real estate shall include only such undivided fractional interest, except that the executor, administrator, or guardian, or the owner of any other fractional interest, or any lien holder may, by pleading filed in the cause setting forth all interests in the property and liens thereon, require that the action include the entire interest in the property, and the owner of said interests and liens shall receive his respective share of the proceeds of sale after payment has been made of the expenses of sale including reasonable attorney fees for services in the case, which fees must be paid to the plaintiff’s attorney unless the court awards some part thereof to other counsel for services in the case for the common benefit of all the parties, having regard to the interest of the parties, the benefit each may derive from the sale, and the equities of the case. The fees of the executor, administrator, or guardian shall be a charge only against such portion of the proceeds of sale as represents the interests of the decedent or ward.
Effective Date: 10-01-1953