Fahnestock v. Fahnestock
Supreme Court of Pennsylvania
Appeal, No. 282, Oct. T., 1892, by plaintiff, B. S. Fahnestock, from decree of C. P. No. 1, Allegheny Co., March T., 1892, No. 527, dismissing bill for partition against Yernon Fahnestock et al. Bill in equity filed by B. S. Fahnestock against Yernon Fahnestock et al., children and devisees and legatees under will of Benjamin L. Fahnestock, deceased, praying for partition of real estate of testator. The bill averred that Benj.
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Appeal, No. 282, Oct. T., 1892, by plaintiff, B. S. Fahnestock, from decree of C. P. No. 1, Allegheny Co., March T., 1892, No. 527, dismissing bill for partition against Yernon Fahnestock et al. Bill in equity filed by B. S. Fahnestock against Yernon Fahnestock et al., children and devisees and legatees under will of Benjamin L. Fahnestock, deceased, praying for partition of real estate of testator. The bill averred that Benj. L. Fahnestock died testate seized in fee of the property sought to be divided. The will was as follows: “ First. I order and direct my executors to pay out of the…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
This is an appeal from a decree dismissing the bill of Benjamin S. Fahnestock for the partition of certain real estate situate in the Second ward of the city of Pittsburgh, of which his father, Benjamin L. Fahnestock, who died, testate, on the third of January, 1888, was seized in fee. It was alleged in the answer that by the provisions of the will of Benjamin L. Fahnestock there was an equitable conversion of his real estate into personalty. The ease was set for hearing on bill and answer, which together contained such portions of the will as were deemed…
2Cited by17 opinions
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