Estate of Summerville

Citations

• 129 Pa. 631
• 18 A. 554
• 1889 Pa. LEXIS 995

Syllabus

<p>1. After a sale of real estate under proceedings in partition, in which all the heirs at law were made parties, it is admissible to show before an auditor appointed to distribute the fund, that certain of the heirs by writing under seal had released their shares in the decedent’s estate prior to his death.</p> <p>2. The awarding of an inquest upon the petition filed, and the decree confirming the return made, are not conclusive of the rights of the parties, named in the petition, to be treated as tenants in common of the fund for distribution: Dutch’s App., 57 Pa. 461.</p>