Appeal of Taylor
Supreme Court of Pennsylvania
Appeal from the decree oe the orphans’ court oe delaware COUNTY. No. 183 July Term 1887, Sup. Ct. On December 6, 1886, upon the petition of Ann Dickinson, a daughter and devisee of Rebecca Fawkes, proceedings were begun for the partition of certain lands, the real estate of said Rebecca Fawkes, who had died on or about March 20,1855, leaving a will, by which she had devised the lands in question to her daughter Sarah.
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Appeal from the decree oe the orphans’ court oe delaware COUNTY. No. 183 July Term 1887, Sup. Ct. On December 6, 1886, upon the petition of Ann Dickinson, a daughter and devisee of Rebecca Fawkes, proceedings were begun for the partition of certain lands, the real estate of said Rebecca Fawkes, who had died on or about March 20,1855, leaving a will, by which she had devised the lands in question to her daughter Sarah. Fawkes for life, remainder to her other daughters and the children of such as might have died. John F. Taylor and James Lewis were constituted the executors, of said will. Mr.…
1Opinion of the Court
Opinion,
Mr. Justice Green :
The 44thi section of the act of 1834, P. L. 81, provides as follows: “ Whenever any real estate shall be ordered to be sold under proceedings in partition, the Orphans’ Court are hereby authorized and required, in case of the neglect or refusal of the executors or administrators to execute such order, or in case there be no executors or administrators, to appoint some suitable person trustee for the purpose of making such sale.” By the 42d section of the act of 1832, P. L. 203, it was provided that the court may on due proof of notice “to all persons interested make…
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