Shields v. Aitken
Supreme Court of Pennsylvania
Appeal, No. 240, Jan. T., 1911, by defendants from decree of C. P. Lackawanna Co., May T., 1909, No. 7, on bill in partition in case of M. J. Shields, et al., v. John W. Aitken, et al. Bill in equity for partition.
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Appeal, No. 240, Jan. T., 1911, by defendants from decree of C. P. Lackawanna Co., May T., 1909, No. 7, on bill in partition in case of M. J. Shields, et al., v. John W. Aitken, et al. Bill in equity for partition. From the record it appeared that the title to the real estate in question was derived from Anna M. Aitken, who died seized thereof on January 1, 1894, leaving a will by which she devised the property to her son John M. Aitken and her daughter Louise, “during their natural lives” and after their deaths to their children. The material portion of the will was as follows: “I give,…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was a bill in equity for the partition of real estate. The questions raised by the assignments of error are, 1. The regularity of the proceedings. 2. Whether the appointment of appellant as trustee for his unborn children was erroneously made. 3. Whether, under the will, appellant took a fee simple estate in one-half of the estate, and not merely a life estate.
As to the first question, it is true that the court below did not ascertain the interests and titles of the parties or embody them in its decree as it should have done. The proper practice in…
2Cases cited13 opinions
- Guthrie's AppealSupreme Court of Pennsylvania · 1861
- Hague v. HagueSupreme Court of Pennsylvania · 1894
- Lincoln v. AfricaSupreme Court of Pennsylvania · 1910
- Lancaster v. FlowersSupreme Court of Pennsylvania · 1901
- Dunshee v. DunsheeSupreme Court of Pennsylvania · 1912
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Henninger v. Forquer Building, Inc.Supreme Court of Pennsylvania · 1930