Baker v. Fidelity Title & Trust Co.
Superior Court of Pennsylvania
Appeal, No. 144, April T., 1913, by defendants, from decree of C. P. Allegheny Co., April T., 1912, No. 1,176, on bill in equity in case of Emily Baker v. Fidelity Title & Trust Company, executor of the last will and testament of Joseph Agans, deceased, appellant, Minnia Morelia Urquhart and Aleck Urquhart. Bill in equity for partition and an account of rents.
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Appeal, No. 144, April T., 1913, by defendants, from decree of C. P. Allegheny Co., April T., 1912, No. 1,176, on bill in equity in case of Emily Baker v. Fidelity Title & Trust Company, executor of the last will and testament of Joseph Agans, deceased, appellant, Minnia Morelia Urquhart and Aleck Urquhart. Bill in equity for partition and an account of rents. Shafer, J., filed the following opinion: FINDINGS OF FACT. 1. Elizabeth Agans died in August, 1903, intestate, seized of the several parcels of land described in the bill. 2. She left surviving her a son, Joseph Agans, defendant herein,…
1Opinion of the Court
Opinion by
Henderson, J.,
The appellant’s statement of the question involved limits our examination to a consideration of the question whether when a husband is presumed to be dead by the lapse of seven years after he was last heard from his widow is entitled to take her share in the real estate under the intestate acts or should the rents and profits thereof be paid through the medium of an administrator appointed under the Act of June 24, 1885, P. L. 155. The argument submitted extends the discussion and supports the contention that although a presumption of death arises after an unaccounted…
2Cases cited5 opinions
- Burr v. SimSupreme Court of Pennsylvania · 1839
- McCausland's EstateSupreme Court of Pennsylvania · 1906
- In re Mutual Benefit Co.Supreme Court of Pennsylvania · 1896
- Appeal of EsterlySupreme Court of Pennsylvania · 1885
- Whiteside's AppealSupreme Court of Pennsylvania · 1854
3Cited by7 opinions
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- Sharpe v. Federal Window & Office Cleaning Co.Superior Court of Pennsylvania · 1940
- Elliott v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1921
- Jaskalski v. Pennsylvania Slovak Roman & Greek Catholic UnionSuperior Court of Pennsylvania · 1916
- Feustal v. Krul, Pennsylvania Court of Common Pleas, Philadelphia County1926
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