Swan's Estate
Supreme Court of Pennsylvania
Appeal, No. 50, Oct. T., 1912, by Jean G. Crider, et al., from the decree of O. C. Allegheny Co., Feb. T., 1893, No. 1, in partition, opening proceedings in partition and setting aside former decree in estate of Robert Swan, deceased. Proceedings in partition. Before Hawkins, J. From the record it appeared that testator died in 1878, leaving to survive him five living children and three grandchildren, the issue of deceased children.
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Appeal, No. 50, Oct. T., 1912, by Jean G. Crider, et al., from the decree of O. C. Allegheny Co., Feb. T., 1893, No. 1, in partition, opening proceedings in partition and setting aside former decree in estate of Robert Swan, deceased. Proceedings in partition. Before Hawkins, J. From the record it appeared that testator died in 1878, leaving to survive him five living children and three grandchildren, the issue of deceased children. By his will he provided inter alia as follows: First. I will bequeath and devise to my wife Grizella Swan for and during her natural life the farm or homestead…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
It is settled in this jurisdiction that an adverse holding by one tenant in common for any length of time will defeat an action for partition. Neither the title to nor possession of real estate can be judicially determined in a proceeding for partition, and those who claim either must assert it in an appropriate proceeding on the law side of the court. Partition of real estate can only be had where the parties hold together and not adversely. When, therefore, a proceeding is instituted in the Orphans’ Court for partition of real estate alleged to be owned by…
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