Perrine v. Kohr

Citations

• 205 Pa. 602
• 55 A. 790
• 1903 Pa. LEXIS 622

Syllabus

<p>Partition — Omission of party — XJndivested interest — Orphans' court— Sale — Illegitimate.</p> <p>Where a man deserts his wife and child, and goes to another part of the country, and there marries again under an assumed name, while his first wife is living, and has children by his second wife, and many years after he dies, leaving real estate, and such real estate is sold in partition proceedings instituted by the illegitimate children, and it appears that the legitimate child had no notice of the proceedings, and that her name did not appear in the petition, decree and notices, and there is no evidence of an estoppel, her estate is undivested by the judicial sale.</p>