Lincoln v. Wakefield

Citations

• 237 Pa. 97
• 85 A. 133
• 1912 Pa. LEXIS 897

Syllabus

<p>Equity — Partition—Reconversion of property converted by will —Evidence—Feme covert — Non-joinder of husband — Minor— Guardian’s joining without consent of court — Satisfaction—Adjustment of rentals.</p> <p>1. Where in a proceeding in partition it appears that all the parties in interest in the real estate in question, which had been converted into personalty by will, had joined in a petition for the discharge of the executor under the will, in whom legal title to the land was then vested* upon the express ground that they desired to hold the property as real estate, and that the heirs had subsequently joined in a conveyance of part of the land, the evidence is sufficient to justify the conclusion that a reconversion had been accomplished. The fact that the parties used the word “desire” instead of “intend” is immaterial.</p> <p>2. In such a case it is also immaterial that one of the parties in interest was feme covert at the time she joined in the agreement to reconvert executed after the date of the Act of June 3, 1887, P. L. 332, and that her husband did not join therein; and it is also immaterial that the guardian of a minor heir joined in the agreement without leave of court, where the court subsequently in effect approved his act, and particularly where the minor himself, upon arriving at age did not disaffirm the act, and as a defendant in the partition proceedings did not join in contesting the validity of the guardian’s joinder in the agreement.</p> <p>3. Adjustment of the rental value of lands held by tenants in common under the Act of June 24, 1895, P. L. 237, must take place as of the date of the final partition of the real estate or distribution of the proceeds realized from the sale thereof; and since the office of master in chancery is abolished, the trial court must make the necessary findings, unless the parties agree that the master in partition shall act as referee for that purpose.</p> <p>Real properly — Tenancy in common — Sale—Sale by feme c