Stewart's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Allegheny county: in the matter of the partition of the real estate of Uzziah Stewart, Sr., deceased: No. 2, to October and November Term 1867. The defendant died seised of the premises, the subject of this" partition, having devised them to his four children, William F. Stewart, Jane Stewart, Campbell Stewart and Uzziah Stewart, Jr., subject to a life estate in his wife, who survived him hut a short time.
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Appeal from the decree of the Orphans’ Court of Allegheny county: in the matter of the partition of the real estate of Uzziah Stewart, Sr., deceased: No. 2, to October and November Term 1867. The defendant died seised of the premises, the subject of this" partition, having devised them to his four children, William F. Stewart, Jane Stewart, Campbell Stewart and Uzziah Stewart, Jr., subject to a life estate in his wife, who survived him hut a short time. The share of William F. Stewart was sold by the sheriff to Margaret V. Bight. On the 2d of September 1865, she presented her petition to the…
1Opinion of the Court
The opinion of the court was delivered, November 14th 1867, by
Read, J.
This was a case of testacy, wherein the decedent had devised a part of his real estate to his four children, and the share of one of the children became vested in Mrs. Margaret Bight by a sheriff’s sale, in which case the Orphans’ Court had jurisdiction by'the 10th section of the Act of 10th April 1849, Pamph. L. 596, and the alienee under the decision in Ragan’s Estate, 7 Watts 442, became entitled to partition in the same manner as the child whom she represented.
This disposed of the first, and only apparent real objection…
2Cases cited1 opinion
- Thompson v. MilfordSupreme Court of Pennsylvania · 1838
3Cited by1 opinion
- Sanders's EstateSuperior Court of Pennsylvania · 1909