Metzger's Estate
Supreme Court of Pennsylvania
Appeal, No. 160, Jan. T., 1908, by Charles F. Smith, from decree of O. C. Lancaster Co., Sept. T., 1904, No. 64, refusing partition in estate of Charles W. Metzger, deceased. Petition for partition.
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Appeal, No. 160, Jan. T., 1908, by Charles F. Smith, from decree of O. C. Lancaster Co., Sept. T., 1904, No. 64, refusing partition in estate of Charles W. Metzger, deceased. Petition for partition. Smith, P. J., found the facts to be as follows: Charles F. Smith and Levi B. Smith, sons of Louisa Smith, who was of the residuary devisees and who died before Charles W. Metzger, the testator, have petitioned for an inquest in partition of real estate of which he died seized, and which is described in the petition as follows: “The real estate devised as aforesaid consists of a lot of land…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The question here was whether a piece of ground with respect to which partition was asked in the orphans’ court, had passed to the petitioners — here the appellants — as residuary devisees under the will of Charles W. Metzger, deceased; or, whether it is included within the testamentary description of two adjoining lots which by the same will were specifically devised to the appellee and another. If the disputed ground is embraced within the specific devise, then, the petitioners being without interest, were without standing, and the proceedings in partition were…
2Cases cited4 opinions
- Brownfield v. BrownfieldSupreme Court of Pennsylvania · 1849
- Vernor v. HenrySupreme Court of Pennsylvania · 1834
- Brendlinger v. BrendlingerSupreme Court of Pennsylvania · 1856
- Smith v. MetzgerSuperior Court of Pennsylvania · 1907
3Cited by21 opinions
- Easton v. Washington County InsuranceSupreme Court of Pennsylvania · 1957
- Herr EstateSupreme Court of Pennsylvania · 1960
- Beisgen EstateSupreme Court of Pennsylvania · 1956
- Logan v. WileySupreme Court of Pennsylvania · 1947
- Berks County Tuberculosis Society AppealSupreme Court of Pennsylvania · 1965
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