Bishop's Appeal
Supreme Court of Pennsylvania
APPEAL from the decree of the Orphans’ Court of York county. John C. Bishop died intestate, leaving a widow and one child. The child, by his guardian, presented a petition for a writ of partition and valuation. The inquest found and returned to the court that as there was but one heir, they had not divided the property, but valued the whole together.
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APPEAL from the decree of the Orphans’ Court of York county. John C. Bishop died intestate, leaving a widow and one child. The child, by his guardian, presented a petition for a writ of partition and valuation. The inquest found and returned to the court that as there was but one heir, they had not divided the property, but valued the whole together. The court set the whole proceeding aside, for the reason that they could not entertain a proceeding in partition under the facts of this case, when there was but one heir. referred to the Act of 1832, section 36; 13 Serg. Sf Rawle 85; 2 Wiiart.…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The question in this case is, whether seven disinterested persons, chosen by the parties and appointed by the Orphans’ Court to make partition of the real estate of John C. Bishop, of which he died seised and intestate, leaving a widow and a son, his only child, ought to divide the same between the widow and son, if it can be done without prejudice to or spoiling the whole. By referring to the 36th and 37th sections of the Act of the 29th of March 1832, entitled “ An Act relating to Orphans’ Courts,” Pamph. Laws 190, 201, this question is…
2Cited by6 opinions
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- Sanders's EstateSuperior Court of Pennsylvania · 1909
- Appeal of Louisa RankinSupreme Court of Pennsylvania · 1880
- Brown's AppealSupreme Court of Pennsylvania · 1877
- Poundstone v. EverlySupreme Court of Pennsylvania · 1854
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