2 A.2d 751 | Pa. | 1938
These three appeals, each from a decree dismissing a bill for partition, were argued together. The three tracts of land sought to be divided were the property of Reinhard Volkwein at the time of his death April 9, 1937. He left a will dated May 6, 1930. He devised 333 and 335 Fingold Street, Pittsburgh, to his son, Carl, appellee in Number 160. Property 336 Republic Street was devised to a son, Harry, appellee in Number 158. 347 and 345 Fingold Street were devised to two daughters, Alma and Hilda, appellees in Number 159. *122
The appellant is testator's widow, having married him August 25, 1930, shortly after the date of his will. She elected to take against it, thus obtaining an undivided one-third interest in fee in each of the properties devised to testator's children of a former marriage.
To each bill, an answer was filed under Rule 48 stating two preliminary objections, one not pressed and the other, in substance, that it appeared from the bill that all of the real estate left by testator was not included in a single proceeding. The learned court below dismissed the bills on the ground, stated in the opinion, "that there would be no difficulty in embracing these three proceedings in one bill." The learned court thought, as we understand it, that because the three separate tracts of land came from a single testator, they must be made the subject of a single suit in partition even though there were three sets of tenants in common, two in any case having no interest in the land of the third. Such a bill would be multifarious: compare Bovaird v. Seyfang,
In Holmes v. Fulton,
The case of Gilpin v. Brown,
In each appeal the decree is reversed, bill reinstated, record remitted for further proceedings, costs to abide the event.