White's Estate
Supreme Court of Pennsylvania
Appeal, No. 75, July Term, 1894, by Martha White, from decree of O. C. Franklin County, awarding partition in estate of John White, deceased. Petition for partition of redeemable ground rents. Martha White, widow of John White, deceased, objected to the petition on the ground that, as the ground rents were redeemable, they were personal property and not real estate, and hence not the subject of partition.' The case was heard on petition and answer.
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Appeal, No. 75, July Term, 1894, by Martha White, from decree of O. C. Franklin County, awarding partition in estate of John White, deceased. Petition for partition of redeemable ground rents. Martha White, widow of John White, deceased, objected to the petition on the ground that, as the ground rents were redeemable, they were personal property and not real estate, and hence not the subject of partition.' The case was heard on petition and answer. Stewart, P. J., filed the following opinion : “By a rule of property early established and consistently followed, ground rents in Pennsylvania are…
1Opinion of the Court
Pee Cueiam,
The learned president of the orphans’ court rightly held that *209for the purpose of distribution the ground rents in question must be treated as realt3r and therefore subjects of partition. Ibis not our purpose, nor is it at all necessary, to add anything to what has been so well said by him in support of that position.'
On his opinion, the decree is affirmed and appeal dismissed with costs to be paid by appellant.
2Cited by5 opinions
- Davis v. Investment Land Co.Supreme Court of Pennsylvania · 1929
- Harker's EstateSupreme Court of Pennsylvania · 1896
- Crean's EstateSupreme Court of Pennsylvania · 1936
- Bank of Commerce v. PeaceSuperior Court of Pennsylvania · 1905
- In re Girard Trust Co., Pennsylvania Court of Common Pleas, Philadelphia County1939