Legal Opinion

Dunshee v. Dunshee

Supreme Court of Pennsylvania

Decided January 5, 1914No. Appeal, No. 123PublishedCited by 5 opinions

Appeal, No. 123, Oct. T., 1913, by William A. Dunshee, from decree of C. P. No. 4, Allegheny Co., Second T., 1910, No. 390, in equity, for plaintiffs, on bill in equity for partition, in case of Johnston F. Dunshee, M. Edith Dunshee, and Virginia V. Gardner v. Margaret L. Dunshee and William A.. Dunshee. Bill in equity for partition of lands.

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Appeal, No. 123, Oct. T., 1913, by William A. Dunshee, from decree of C. P. No. 4, Allegheny Co., Second T., 1910, No. 390, in equity, for plaintiffs, on bill in equity for partition, in case of Johnston F. Dunshee, M. Edith Dunshee, and Virginia V. Gardner v. Margaret L. Dunshee and William A.. Dunshee. Bill in equity for partition of lands. Before Haymakeb, J. The facts appear in the opinion of the Supreme Court, and in Dunshee v. Dunshee, 234 Pa. 550. Exceptions to various rulings, and findings of fact and law of the trial judge were dismissed by tbe court, and a decrée was entered…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

When this case was here before it was held that where a testator directs the indebtedness of a son to be charged against his share of the estate, such direction may be carried out through the process of partition by charging the indebtedness on the share of the son as owelty. The record was then remitted with the following direction: “In the present case the court below should proceed to determine and fix the amount of the indebtedness to be charged against the interest of William A. Dunshee, under the will of William Dunshee, deceased, and embody the result of its…

2Cases cited2 opinions

  1. Estate of EichelbergerSupreme Court of Pennsylvania · 1890
  2. Dunshee v. DunsheeSupreme Court of Pennsylvania · 1912

3Cited by5 opinions

  1. Kocher EstateSupreme Court of Pennsylvania · 1946
  2. In Re Estate of KaldenbergSupreme Court of Iowa · 1963
  3. Morris EstateSupreme Court of Pennsylvania · 1947
  4. Shelly EstateSuperior Court of Pennsylvania · 1943
  5. First National Bank of Pennsylvania v. United StatesDistrict Court, W.D. Pennsylvania · 1975

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