Wistar's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lycoming county. In Partition: Of January Term, 1884, No. 289. This proceeding in partition was commenced by the filing of a petition by James M. Gillilan and Sarah W. Gillilan his wife, in her right, Alexander E. Harvey and Rachel L. Harvey his wife, in her right, and Lewis A. Scott and Fanny W. Scott his wife, in her right, setting forth that Richard Wistar, late of the city of Philadelphia, died November 3, 1862, intestate, and a widower,…
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Appeal from the Orphans’ Court of Lycoming county. In Partition: Of January Term, 1884, No. 289. This proceeding in partition was commenced by the filing of a petition by James M. Gillilan and Sarah W. Gillilan his wife, in her right, Alexander E. Harvey and Rachel L. Harvey his wife, in her right, and Lewis A. Scott and Fanny W. Scott his wife, in her right, setting forth that Richard Wistar, late of the city of Philadelphia, died November 3, 1862, intestate, and a widower, leaving to survive him as his sole heirs at law five children, to wit, the said three petitioners, Sarah W. Gillilan,…
1Opinion of the CourtJustice Sterrett
One of the questions involved in this contention is whether the commissioners nominated by the children and heirs at law of a decedent, and appointed by the Orphans’ Court to make partition of the real estate of which their father died seised, after having divided the land into as many purparts of equal value as there are heirs, have the power to allot to each child respectively, by name, one of said purparts. The learned president of the Orphans’ Court held they had, and in this he was clearly right.
The provisions of the Act, March 29, 1832, revising and consolidating previous enactments…
2Cases cited1 opinion
- Sampson's AppealSupreme Court of Pennsylvania · 1842
3Cited by5 opinions
- McCabe v. IvorySupreme Court of Pennsylvania · 1940
- Doyle's EstateSupreme Court of Pennsylvania · 1927
- Sanders's EstateSuperior Court of Pennsylvania · 1909
- Kennedy v. CondranSupreme Court of Pennsylvania · 1914
- Galliford's EstatePennsylvania Orphans' Court, Allegheny County · 1936