130 Pa. 256 | Pa. | 1889
Opinion,
This was a case of partition in the Orphans’ Court. The petition sets forth that “ Frederick Danhouse.....died on April 8, 1880, leaving to survive him Susan, his widow, and one child, to-wit, John M. Danhouse.” This is a meagre statement of the ownership of land of which partition is to be made. The names of all the parties should not only be given, but there should be a positive averment that they are the only parties. All that the petition states may be true, yet, for anything upon its face, Frederick Danhouse may have left surviving him other children besides John M. Danhouse. Too much care cannot be taken in proceedings affecting the title to real estate. Fortunately there was an auditor appointed in this case, and he has found all the facts omitted from the petition.
It is true that the widow cannot take the estate at the valuation : Painter v. Henderson, 7 Pa. 48; Gourley v. Kinley, 66 Pa. 270. Under these authorities, Susan Danhouse could not
It is clear that Susan Danhouse, as the widow of Frederick Danhouse, was entitled to the interest'of one third of the valuation money. John M. Danhouse, as before stated, left no children ; hence his widow would be entitled to the interest on one half of the two thirds left after providing for Susan. But, in case of the death of the latter before her, she would become entitled to the interest on one half of the whole. This is precisely what was awarded her by the court below.
The specifications of error are numerous, and need not be discussed in detail. What we have said disposes of all that is important in the case.
The decree is affirmed, and the appeal dismissed, at the costs of the appellant.