Appeal of Rawle

Citations

• 119 Pa. 100
• 12 A. 809
• 1888 Pa. LEXIS 530

Syllabus

<p>A testatrix, after a life estate to her husband, devised certain real estate to such person or persons in such shares and proportions, and in such way and manner as he might appoint. The husband by his will directed his executors to divide the residuum of his own estate and the estate left him by his wife into five parts, one of which parts he gave to each of his five children, three of whom were daughters, providing that on the death of' any of said daughters, her children if any should receive her share.; Held,</p> <p>1. That the alienee of the interests of the minor children of a deceased daughter, in the land devised 'by their mother, were entitled to have partition thereof in the Orphans’ Court, notwithstanding the directions to the executors of their father’s will to make said division into parts.</p> <p>2. That the proper person to execute the order of sale in the partition proceedings, was the administrator, d. b. n. e. t. a. of the wife, and not the executors of the testator, her appointee.</p>