Etters v. Musser

Citations

• 241 Pa. 237
• 88 A. 447
• 1913 Pa. LEXIS 769

Syllabus

<p>Partition — Family agreement — Equity jurisdiction.</p> <p>A bill in equity for tbe partition of real estate averred that plaintiffs and defendants were tbe widow and heirs-at-law of E.; that during the lifetime of decedent an agreement was entered into by all parties with the decedent, whereby the real estate in question was agreed to be conveyed to the children in consideration of their agreement that decedent and his wife should have exclusive use of the homestead, free from taxes and repairs; that a judgment exemption bond in the sum of five thousand dollars should be executed by the children, conditioned for the payment of the annual sum of two hundred dollars to the parents, and the survivor of them; that each child should assume his or her proportionate share of the outstanding indebtedness of decedent, and pay his or. her proportionate share of the interest, taxes or repairs; that each child should pay an additional amount, if necessary, to maintain the parents, and that none of the children should encumber, transfer or sell their respective interests in the said property during the lifetime of the parents or the survivor of them. Defendants demurred to the bill. It was held by the lower court that the agreement above recited was a bar to a partition proceeding, during the life of the widow, and the demurrer should be sustained. On appeal, held, no error.</p>