Reifsnyder's Estate
Supreme Court of Pennsylvania
Appeal, No. 373, Jan. T., 1905, by Margaret Reifsnyder et al., from decree of O. C. Berks Co., May T., 1905, No. 3, dismissing petition for partition in Estate of John F. Reifsnyder, deceased. Petition for partition. The opinion of the Supreme Court states the case. -Error assigned was decree dismissing the petition.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
We think the learned court below erred in dismissing the petition for partition under the pleadings and facts of this case. The petition was in the usual form. The widow of the decedent filed exceptions and objected to the proceedings on the ground that they were instituted within a year of his death and were, therefore, premature. The objection was sustained and the petition dismissed.
The authority to award partition of a decedent’s real estate is conferred on the orphans’ court by the Acts of March 29, 1832, P. L. 190, 1 Purd. 603, and June 16, 1836, P. L.…
2Cases cited2 opinions
- Keim's EstateSupreme Court of Pennsylvania · 1902
- Horam's EstateSupreme Court of Pennsylvania · 1868
3Cited by4 opinions
- Hancock v. MaynardIndiana Court of Appeals · 1920
- Mahoney EstateSupreme Court of Pennsylvania · 1947
- Frederick v. McGee, Pennsylvania Court of Common Pleas, Lehigh County1939
- Kowala's EstatePennsylvania Orphans' Court, Susquehanna County · 1934