Appeal of Louisa Rankin
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Allegheny county: Of October and November Term 1880, No. 185. Margaret Giffin, widow, died April 9th 1872, leaving to survive her a son, Samuel Giffin, two daughters, Emily Giffin and Mrs. Louisa Rankin, and the children of a deceased son, William.
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Appeal from the Orphans’ Court of Allegheny county: Of October and November Term 1880, No. 185. Margaret Giffin, widow, died April 9th 1872, leaving to survive her a son, Samuel Giffin, two daughters, Emily Giffin and Mrs. Louisa Rankin, and the children of a deceased son, William. She left a will which, inter alia, directed :— “All that remains of my estate after paying the before-mentioned bequests, with the debts and charges, I give and bequeath to my daughters, Emily Giffin and Louisa Rankin (or their respective heirs), to be equally divided between them, share and share alike.” The…
1Opinion of the CourtJustice Paxson
The first assignment alleges the Orphans’ Court erred in holding that it had jurisdiction in partition on petition of a life-tenant where there were lineal descendants. ' There is nothing in the language of any Act of Assembly that in express terms gives a life-tenant, other than the widow, the right to have partition in the Orphans’ Court. Without discussing this branch of the case, much less deciding it, we regard it as clear that the court had jurisdiction over the subject-matter. We need not refer in detail to the different Acts of Assembly upon this subject. It is sufficient to say,…
2Cases cited2 opinions
- Sampson's AppealSupreme Court of Pennsylvania · 1842
- Bishop's AppealSupreme Court of Pennsylvania · 1844
3Cited by4 opinions
- Hauger v. HaugerSupreme Court of Pennsylvania · 1954
- Susquehanna County Auditors' ReportSuperior Court of Pennsylvania · 1936
- Sanders's EstateSuperior Court of Pennsylvania · 1909
- Ferguson's EstateSupreme Court of Pennsylvania · 1903