Johnson v. Gaul

Citations

• 228 Pa. 75
• 77 A. 399
• 1910 Pa. LEXIS 435

Syllabus

<p>Wills — Partition—Trusts and trustees — Parties.</p> <p>1. Where a testator gives, devises and bequeaths all of his “property, real, personal and mixed,” to his two daughters in equal shares, and directs that the share “coming” to one of his daughters shall be invested by a trustee subsequently named, the interest thereof to be paid to such daughter and after her death the principal to be paid to the other daughter or her children, the daughter whose share has been given in trust has no standing to ask for partition.</p> <p>2. Partition is a possessory action, its purpose and effect being to give to each of a number of joint owners the possession he is entitled to of his share in severalty. The indispensable prerequisite to its maintenance is that the plaintiff be a joint owner with the defendant, and as such entitled to a separation of his share and possession of it.</p>