Krug v. Keller

Citations

• 8 Pa. Super. 78
• 1898 Pa. Super. LEXIS 14

Syllabus

<p>Partition — Amicable distribution and accounting — Laches—Necessity of notice to lien creditors of cotenant.</p> <p>All parties interested in a proceeding in the orphans’ court are entitled to notice of every petition or motion not grantable of course, and where an order, decree or judgment has been wrongfully entered without notice to a party who was entitled to notice, such party may demand its vacation, at least to the extent that it affects his interest.</p> <p>Three children interested in real estate of their deceased father instituted partition proceedings. One sister was appointed trustee, made a sale and had an amicable distribution and release, her account being confirmed by the orphans’ court. Held, That a creditor of the trustee who had reduced his claim to judgment was entitled to have the discharge of the trustee set aside, together with the amicable distribution and that, he having had no notice of the trustee’s filing of her account, no laches could be imputed to him byi’eason of the lapse of a year or more between filing the account and the presentation of the petition.</p>