Legal Opinion

Donaghy's Estate

Supreme Court of Pennsylvania

Decided November 11, 1892No. Appeal, No. 68PublishedCited by 4 opinions

Appeal, No. 68, Oct. T., 1892, by Nancy Donaghy, widow of Jos. Donaghy, from decree of O. G. Butler Co., Sept. T., 1882, No. 84. Petition to vacate recognizance entered in partition proceedings, and to order entry of new recognizance in its place. From the record it appeared that Joseph Donaghy died in Í863, leaving to survive him a widow, Nancy Donaghy, the petitioner, and six children. One of the children, James H. Donaghy, bought the shares of four of the other children.

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Appeal, No. 68, Oct. T., 1892, by Nancy Donaghy, widow of Jos. Donaghy, from decree of O. G. Butler Co., Sept. T., 1882, No. 84. Petition to vacate recognizance entered in partition proceedings, and to order entry of new recognizance in its place. From the record it appeared that Joseph Donaghy died in Í863, leaving to survive him a widow, Nancy Donaghy, the petitioner, and six children. One of the children, James H. Donaghy, bought the shares of four of the other children. Martha M. Gill owned the sixth share, which she refused to sell to her brother. Under the will of decedent, the widow…

1Opinion of the Court

Per Curiam,

The purpose of partition being the severance of joint possession, the institution of proceedings by Mrs. Donaghy for the partition of her deceased husband’s lands necessarily implied the concession of a joint right of possession with her in those who were made parties. The court could have had jurisdiction on no other hypothesis. Its decree fixing her interest at one third, for life, was a judicial ascertainment of the extent of this concession and of her interest in the subject of partition ; and, having taken no appeal therefrom, she is estopped from denying the validity of the…

2Cited by4 opinions

  1. Newbold's EstateSuperior Court of Pennsylvania · 1916
  2. Hartranft v. IvesSuperior Court of Pennsylvania · 1916
  3. Reagan EstatePennsylvania Orphans' Court, Fayette County · 1950
  4. Stauffer EstatePennsylvania Orphans' Court, Lancaster County · 1954

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