Hover v. Hills
Supreme Court of Pennsylvania
Appeal, No. 388, Jan. T., 1922, by Theodosia A. Troth, defendant, from decree of C. P. No. 1, Phila. Co., June T., 1919, No. 6531, awarding partition, in estate of Lewis Taylor, deceased, Mnsiedora H. Hover v. Alfred K. Hills et al., and Theodosia A. Troth. Bill in equity for partition. Before Shoemaker, J. The opinion of the Supreme Court states the facts. Decree awarding partition was entered. Theodosia Troth, defendant, appealed.
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Appeal, No. 388, Jan. T., 1922, by Theodosia A. Troth, defendant, from decree of C. P. No. 1, Phila. Co., June T., 1919, No. 6531, awarding partition, in estate of Lewis Taylor, deceased, Mnsiedora H. Hover v. Alfred K. Hills et al., and Theodosia A. Troth. Bill in equity for partition. Before Shoemaker, J. The opinion of the Supreme Court states the facts. Decree awarding partition was entered. Theodosia Troth, defendant, appealed. Error assigned, inter alia, was decree, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
The real estate, the subject of this partition proceeding, was held upon a separate use trust for one Sophia P. Taylor for life, with remainder over. On the death of the life tenant, counsel mistakenly advised that Mary Clark was entitled to one-twentieth part of the rents, and in accordance therewith she and her successors (of whom appellant is the last in the chain), received that proportion for twenty-seven years. During all this time appellee, and those through whom he claims, were likewise receiving a portion of these rents. Appellant claims that under the…
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