Estate of Danhouse

Citations

• 130 Pa. 256
• 18 A. 621
• 1889 Pa. LEXIS 1179

Syllabus

<p>[To be reported.]</p> <p>1. A petition for partition of lands in the Orphans’ Court should not only-set out the names of all the parties in interest, but should aver definitely that there are no parties interested therein save those that are named in the petition.</p> <p>2. Where an intestate leaves only a widow and a son to survive him, and and the son afterwards dies without issue but leaving a widow to survive him, on partition thereafter made the son’s mother, or her alienee, will take the land in fee, subject to the dower of the son’s widow.</p> <p>8. But the dower estate of the mother will not merge in the fee east upon her by the death of her son; and, during her life, the dower estate of the son’s widow will be the interest upon the one half of the two thirds of the valuation of the land.</p> <p>Í. And in case of the death of the mother before the death of the son’s widow, the latter will become entitled to the interest upon one half of the whole valuation, during the remainder of her natural life.</p>