McAlpin v. Simpson

MacNeille, P. J.,

We are considering a petition and rule filed on behalf of Eva Nelson Simpson and the Girard Trust Company, executors and trustees of the estate of Matthew Verner Simpson, deceased, to show cause why a decree entered March 28,

1945, extinguishing a certain ground rent should not be set aside and petitioners allowed an opportunity to enter their defense. The facts are as follows:

By deed dated March 1, 1906, Joseph Fitzell et ux. conveyed 1520 South Twenty-seventh Street, Philadelphia, to Sallie C. Smith, reserving for himself, his heirs, etc., a yearly ground rent in the…