Estate of Danhouse
Supreme Court of Pennsylvania
APPEAL BY M. B. EINK EROM THE ORPHANS’ COURT OE WESTMORELAND COUNTY. No. 207 October Term 1889, Sup. Ct.; court below, No. 9 February Term 1888, O. C. On March 25, 1888, Christian Fennel, Andrew Fennel, Michael Fennel and George Fennel presented their petition averring that Frederick Danhouse, of Salem township, had died intestate on April 8, 1880, “ leaving to survive him, Susan, his widow, and one child, to wit: John M. Danhouse,” and seised of a certain tract of land in…
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APPEAL BY M. B. EINK EROM THE ORPHANS’ COURT OE WESTMORELAND COUNTY. No. 207 October Term 1889, Sup. Ct.; court below, No. 9 February Term 1888, O. C. On March 25, 1888, Christian Fennel, Andrew Fennel, Michael Fennel and George Fennel presented their petition averring that Frederick Danhouse, of Salem township, had died intestate on April 8, 1880, “ leaving to survive him, Susan, his widow, and one child, to wit: John M. Danhouse,” and seised of a certain tract of land in said township ; that John M. Dan-house, the son, died on June 18, 1885, intestate and without issue, but leaving to…
1Opinion of the Court
Opinion,
Mb. Cheer' Justice Pans on :
This was a case of partition in the Orphans’ Court. The petition sets forth that “ Frederick Danhouse.....died on April 8, 1880, leaving to survive him Susan, his widow, and one child, to-wit, John M. Danhouse.” This is a meagre statement of the ownership of land of which partition is to be made. The names of all the parties should not only be given, but there should be a positive averment that they are the only parties. All that the petition states may be true, yet, for anything upon its face, Frederick Danhouse may have left surviving him other children…
2Cases cited2 opinions
- Gourley v. KinleySupreme Court of Pennsylvania · 1870
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