Haines v. Eshleman

Citations

• 25 Pa. Super. 381
• 1904 Pa. Super. LEXIS 75

Syllabus

<p>Partition — Dower—Charge on land — Decedent’s estates.</p> <p>An intestate died owning land and leaving to survive him a widow and Jive children. Four of the children conveyed the farm subject to an annual charge for the benefit of the widow during her life, and at her death the sum charged was to be paid to the heirs of the deceased. The sum charged was exactly one third of the purchase price mentioned in the deed. The deed also contained this clause: “The above described tracts are a part of the estate of deceased, and descended to his heirs, the parties of the first part of this indenture.” Subsequently in proceedings in partition in the common pleas in which the successor in title to the grantee in the foregoing deed was plaintiff, and the fifth child who did not join in the deed was defendant, the farm was appraised, and, the parties having refused to accept at the appraisement, was sold by the sheriff pursuant to an order of the court, the plaintiff in the partition proceedings becoming the purchaser. It did not appear that either in the order of sale, or in the sheriff’s deed was there any condition, reservation or stipulation relative to the foregoing charge. Many years afterwards the widow died, and the five children brought an action to recover the principal sum charged on the land. In a case stated in this action the parties designated the principal sum as “ dower money.” Held, that the fifth child who had not participated in the deed, and was the defendant in the petition proceedings, was not entitled to participate in the fund.</p>