United States v. 137.02 Acres of Land

OPINION

MUIR, District Judge.

In this condemnation action, rival claims as to the ownership of the land have been asserted by the defendant Thomas Gates and the intervenor defendants Evelyn Shultz and Martha Etters Burden. The relevant facts have been stipulated.

Pearl Leathers acquired the property in 1921. She died intestate 10 years later, survived by a son, William T. Leathers, and a daughter, Evelyn K. Leathers, *5now Evelyn K. Shultz. The land was set aside to the two children by order of the Orphans’ Court of Centre County, Pennsylvania, in 1936. William T. Leathers died in World War II,…