Duffy' Estate
Supreme Court of Pennsylvania
Appeal, No. 241, Jan. T., 1909, by defendants, from decree of O. C. Huntingdon Co., awarding real estate in partition in Estate of John Duffy, deceased. Proceedings in partition. Before Woods, P. J. The facts appear in the opinion of the Supreme Court. Error assigned was in sustaining demurrer to defendant’s answer to rule.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The Act of March 29, 1832, P. L. 190, relating to orphans’ courts, provides how and when an inquest in partition may be awarded on the real estate of a decedent and directs that, upon return made by the persons appointed with the consent of the parties to make partition, or of the inquisition taken, the orphans’ court shall “give judgment that the partition thereby made be firm and stable forever.” The court, in effect, gives this judgment when it confirms the return of the inquest, and the confirmation is absolutely essential to give validity to what may follow in…
2Cases cited2 opinions
- Appeal of ChristySupreme Court of Pennsylvania · 1885
- Barbara Gesell's AppealSupreme Court of Pennsylvania · 1877