Stineman v. Stineman

Opinion by

Mr. Justice Bell,

Appellants, grandchildren and heirs of the testator, Jacob C. Stineman, filed a bill of complaint in equity for a partition of real estate devised by testator, including so-called coal and fire-clay real estate. Preliminary objections were sustained as to the real estate which contained coal and fire-clay, and the bill as to said land was dismissed, on the theory that the will created a trust with respect to such real estate, and that an absolute gift to named children of testator had been cut down by subsequent testamentary language to a lesser estate. Neither the…