Townsend v. Frost

Taulane and McDevitt, JJ.,

The hill is for the partition of certain real estate which vested in the issue of the children of the late Henry G. Freeman under the terms of his will.

The answers deny the right to partition on two grounds, viz., (a) that the title to the real estate in question is still vested in the trustee of the will of the said Henry G. Freeman under an active trust, and (b) that the plaintiff, the nominee of The Real Estate Trust Company, is bound by a decree of the Court of Common Pleas No. 4, wherein The Real Estate Trust Company was a party, which dismissed a former bill…