Questão jurídica principal
Whether the cantonal court exceeded the claim by partially dividing the mother's estate without a corresponding request
Decisão extraída
No. In context, the cantonal solution was not arbitrary and did not award more than requested.
Fundamentação extraída
The respondent had consistently sought partition of the mother’s share as part of the dispute, and the appellant had himself argued that a partial division would be required. The result was therefore not ultra petita.