Mark v. Mark
Supreme Court of Pennsylvania
ERROR to the common pleas of Mifflin county. George Mark against John J. Mark and Harriet Mark and E. L. Bendedict, and William Culbertson, executors of Christopher Mark, deceased, and testamentary guardians of John J. Mark. Action of partition.
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ERROR to the common pleas of Mifflin county. George Mark against John J. Mark and Harriet Mark and E. L. Bendedict, and William Culbertson, executors of Christopher Mark, deceased, and testamentary guardians of John J. Mark. Action of partition. Christopher Mark died seised of the land which was the subject of this action having first made his will by which he thus disposed of his estate:— “I will and bequeath to my executors, all my estate both real and personal for the purpose of paying my debts and supporting my family, giving to them full power and authority to sell the whole or any part…
1Per curiam
On the pleadings, the joinder of the widow was certainly a ground of decisive objection; but the joinder of the executors also, to which no exception seems to have been taken, was equally erroneous. Neither she, nor they, had a freehold in the land; nor was either competent to take a share of it by the partition. Why then join them to be idle spectators of a contest in which they could not take an active part? The widow was indeed entitled to interest in a third of the valuation, charged on the land, but she was entitled to no part of the land itself. The testator devised the estate to his…
2Cited by5 opinions
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