Appeal of Rawle
Supreme Court of Pennsylvania
FROM THE DECREE OF THE ORPHANS’ COURT OF DELAWARE COUNTY. No. 133 January Term 1888, Sup. Ct. On July 5, 1887, William Strutkers and Vannie D. Strutkers, kis wife, presented tkeir petition in the court below, setting forth in substance: That Anna C. Peace, wife of Edward Peace, died on April 21,1876, seized in fee of a certain parcel of land in Radnor township, containing about 104 acres, leaving a last will and testament, duly admitted to probate, wherein after a life…
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FROM THE DECREE OF THE ORPHANS’ COURT OF DELAWARE COUNTY. No. 133 January Term 1888, Sup. Ct. On July 5, 1887, William Strutkers and Vannie D. Strutkers, kis wife, presented tkeir petition in the court below, setting forth in substance: That Anna C. Peace, wife of Edward Peace, died on April 21,1876, seized in fee of a certain parcel of land in Radnor township, containing about 104 acres, leaving a last will and testament, duly admitted to probate, wherein after a life estate to her husband, she devised the said real estate “ to such person or persons, and in such shares and proportions, and…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
We find no error in this record. Mrs. Struthers, the petitioner, was the alienee of the shares of three of the minors, and as such was entitled to have partition: Ragan’s Estate, 7 W. 438; Sampson’s Appeal, 4 W. & S. 86; Thompson v. Stitt, 56 Pa. 156; Stewart’s Appeal, Idem 241. Aside from this, there are two minors interested in the estate. We are in no doubt as to the jurisdiction of the court.
Nor do we think the executors of the will of Dr. Edward *105Peace have any such title to or interest in the property in question as gives them any right to prevent this…
2Cases cited2 opinions
- Thompson v. StittSupreme Court of Pennsylvania · 1868
- Sampson's AppealSupreme Court of Pennsylvania · 1842
3Cited by6 opinions
- Caldwell v. SnyderSupreme Court of Pennsylvania · 1896
- Carter's EstateSupreme Court of Pennsylvania · 1909
- Sanders's EstateSuperior Court of Pennsylvania · 1909
- King's EstateSupreme Court of Pennsylvania · 1901
- Hay's EstatePennsylvania Orphans' Court, Northampton County · 1923
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