Est. of Klingensmith

Citations

• 130 Pa. 516
• 18 A. 1064
• 1890 Pa. LEXIS 1066

Syllabus

<p>[To be reported.]</p> <p>L. When a life-tenant of an undivided interest in land, which is the subject of an Orphans’ Court partition proceeding, is not named in the petition and has no notice of the holding of the inquest, the proceedings, if he has done nothing to ratify and confirm them, are illegal and not binding upon him and upon his application should be entirely set aside.</p> <p>(а) A person not named in a petition for partition filed exceptions, alleging that he was a life-tenant of the land and objecting to the confirmation of the inquisition, for the reason that he had not been made a party. An auditor, appointed to find the facts, reported that the exceptant was a life-tenant and should be made a party to the proceedings, and his report was confirmed by the court.</p> <p>(б) The usual rule to accept or refuse was then directed to be issued and served upon the exceptant, as well as upon the parties named in the petition. The exceptant accepted service of the rule, and upon its return filed additional exceptions, alleging that the land was then worth much more than the value placed upon it, and praying for a re-valuation.</p> <p>2. The confirmation of the auditor’s report did not make the exceptant a party to the proceedings or validate them; nor did the acceptance of service of the rule by the exceptant, and his subsequent effort to obtain a new valuation, as of that date, cure previous irregularities so as to make the prior proceedings binding upon him.</p> <p>8. An appraisement in a partition proceeding cannot be assailed on the ground of subsequent appreciation of the land; but, upon the discovery of previously unknown elements of value, the court may direct a re-valuation, in order to do justice as between tenants in fee and life tenants, at any time before a decree transferring the title: Per Mc-Collum, J.</p>