23CV01507 Sampley, Walter K, Jr. v. Upton, Robert
EVENT: Motion for Judgment on the Pleadings and Appointment of a Partition Referee
Motion for Judgment on the Pleadings and Appointment of a Partition Referee is DENIED.
Plaintiff’s request for judicial notice is GRANTED.
Through Plaintiff’s Request for Judicial Notice it appears that 1) Anna Upton was a 50% owner
in the subject property and 2) she passed away in 2014. Based on these facts, Plaintiff
contends that Defendant has a 50% ownership interest in the subject property either through
intestate succession or by will.
Unfortunately, the Court cannot, at the pleadings stage, make the assumptions Plaintiff is
asking the Court to make. It appears that Defendant has not taken any legal action with
respect to his potential interest in Anna Upton’s estate. There is no evidence that Anna
Upton’s estate has been administered.
Under these circumstances, the Court finds this partition action cannot proceed until Anna
Upton’s estate is admini