Deniston v. Deniston
Supreme Court of Pennsylvania
Appeal, No. 95, Oct. T., 1918, by Samuel W. Black, R. T. M. McCready and Union Trust Company of Pittsburgh, Executors of the Will of Letitia Deniston, deceased, from decree of C. P. Allegheny Co., Jan. T., 1915, No. 1928, awarding partition, in the case of Jeremiah Deniston and Mary A. Fleming v. James Deniston et al. and Union Trust Company of Pittsburgh, Executors of the Will of Letitia Deniston, deceased.
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Appeal, No. 95, Oct. T., 1918, by Samuel W. Black, R. T. M. McCready and Union Trust Company of Pittsburgh, Executors of the Will of Letitia Deniston, deceased, from decree of C. P. Allegheny Co., Jan. T., 1915, No. 1928, awarding partition, in the case of Jeremiah Deniston and Mary A. Fleming v. James Deniston et al. and Union Trust Company of Pittsburgh, Executors of the Will of Letitia Deniston, deceased. Bill in equity for’ partition of No. 439 Wood street, in the city of Pittsburgh. Before Caepenter and Carnahan, JJ. The facts appear in the opinion of the Supreme Court. The court awarded…
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
The action below was a proceeding in equity for partition of No. 439 Wood street, in the City of Pittsburgh. The only question raised is whether or not, under the will of Letitia Deniston, deceased, her son-Henry and her daughters Ellen and Letitia, acquired a fee simple title in the property, by virtue of the rule in Shelley’s Case. The court below decided against that claim, and from its decree this appeal was taken. It is frankly admitted that if there was an active trust as to this property, the equitable life estate would not coalesce with the legal estate…
2Cases cited3 opinions
- Estate of HemphillSupreme Court of Pennsylvania · 1897
- Wolfinger v. FellSupreme Court of Pennsylvania · 1900
- Livezey's AppealSupreme Court of Pennsylvania · 1884
3Cited by15 opinions
- Schuldt v. Reading Trust Co.Supreme Court of Pennsylvania · 1921
- Beirne v. Continental-Equitable Title & Trust Co.Supreme Court of Pennsylvania · 1932
- Baughman's EstateSupreme Court of Pennsylvania · 1924
- Thorne's EstateSupreme Court of Pennsylvania · 1942
- Harrity v. Continental-Equitable Title & Trust Co.Supreme Court of Pennsylvania · 1924
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