Estate of Nimick

Citations

• 179 Pa. 591
• 36 A. 350
• 1897 Pa. LEXIS 695

Syllabus

<p>Practice, O. C. — Power of court to correct error in decree.</p> <p>The orphans’ court has discretionary power to correct an error in its decree, or proceedings thereunder, injurious to any of the parties in interest, where it can be done without prejudice to intervening rights.</p> <p>Partnership — Peed—Mistake—Orphans' court.</p> <p>Under proceedings in the orphans’ court the trustee of a deceased partner was directed to convey to the surviving partners real estate the title of which the decedent in his lifetime held in trust for the firm. By mistake the deed was made in form to the surviving partners as tenants in common, and notas surviving partneys. The purpose of the proceedings, as shown by the record, was to vest all of the property in the surviving partners for purposes of liquidation, and the conveyance as made placed (he real estate in peril of being taken for the individual debts of the partners. Held, (1) that the intention of the decree of the court was that the grantees should take the property as partnership, and not as individual property; (2) that the court had power to set aside the deed and direct that a conveyance should be made in proper form.</p>