4 Pennyp. 25
Decided October 28, 1884
Supreme Court of Pennsylvania · decided 1884-10-28
Appeal of Henry S..Baum from the decree of the Orphans’ Court of Allegheny County, dismissing his petition for the partition of the real… Held: and if the legal title was, and is, in tlié executors, the line of descent is broken and the grandchildren are not vested' with at least one of the necessary elements to claim partition, viz: “ unity of possession,” and in further confirmation of this position, a strict construction of the will makes it clear that if the executors…
Cited by 1 later decisions — most recently February 1926
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1884-10-28
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¶1No fact is shown to justify the Court in interfering with the large discretionary power given to the executors as to the time of selling the real estate, and the unanimous consent of all the grandchildren to take “the unsold land instead of the proceeds thereof” had not been obtained.
¶2The petition was, • therefore, properly dismissed.
¶3Decree affirmed and appeal dismissed at the costs of the appellant.