Duffy v. Duffy

Dannehower, J.,

Plaintiff, brother of the two defendants, has filed this bill in equity, praying the court to decree partition of certain premises held by him and defendants as joint tenants with the right of survivorship. Defendants resist par*367tition, by alleging as new matter in their answer that it was orally agreed prior to the purchase of the property that it should be held as a family home until such time as there be but one survivor. They further aver that property so held may not, as a matter of law, be the subject of judicial partition. These pleadings, therefore, present the following

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