Osborne's Estate
Supreme Court of Pennsylvania
Appeal, No. 79, Jan. T., 1892, by John W. Osborne, from decree of C. P. Payette Co., Sept T., 1889, No. 5, discharging rule to set aside decree awarding real estate to Eliza J. Craft, in partition. On November 9, 1887, James R. Osborne died, leaving a widow and six children, among whom were John W. Osborne and Eliza J. Craft. On Sept. 2,1889, proceedings for partition of the real estate of the decedent were begun by Mrs. Craft.
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Appeal, No. 79, Jan. T., 1892, by John W. Osborne, from decree of C. P. Payette Co., Sept T., 1889, No. 5, discharging rule to set aside decree awarding real estate to Eliza J. Craft, in partition. On November 9, 1887, James R. Osborne died, leaving a widow and six children, among whom were John W. Osborne and Eliza J. Craft. On Sept. 2,1889, proceedings for partition of the real estate of the decedent were begun by Mrs. Craft. An inquest was awarded and the premises appraised, and a rule issued to the parties in interest to appear on the first Wednesday of March, 1890, to choose or refuse.…
1Opinion of the Court
Per Curiam,
The only specification of error is, that the court below erred in not making absolute the rule to show cause why the decree awarding the real estate to Eliza J. Craft should not be set aside. The real estate was awarded to her by the orphans’ court on March 5, 1890, and on the following day her sureties were approved, and recognizance taken and acknowledged in open court. The petition of John W. Osborne, upon which the rule in question was founded, was not presented until Sept. 7, 1891. After this delay it would have been an abuse of discretion in the court below to have vacated…
2Cited by1 opinion
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