Scarlett's Estate

Citations

• 39 Pa. Super. 284
• 1909 Pa. Super. LEXIS 478

Syllabus

<p>Partition — Purchase of land by widow — Act of June 1,1907, P. L. 364— Intestate law.</p> <p>1. Where an intestate dies leaving a widow and a brother to survive him, and the widow in partition proceedings under the Act of June 1, 1907, P. L. 364, purchases the land she will be entitled to one-third of the proceeds for life according to the terms of the act of 1907, and not to one-half of the proceeds for life as provided by the intestate act. The widow is not compelled to purchase the land, but if she does she takes it subject to the strict terms of the act.</p> <p>Constitutional law — Special law — Change of course of descent — Act of June 1, 1907, P. L. 364.</p> <p>2. The Act of June 1, 1907, P. L. 364, enabling a widow to bid on real estate in partition proceedings, does not violate the constitution as being a special law changing the course of descent and succession, and granting to individuals special or exclusive privileges and immunities.</p> <p>Partition — Purchase of real estate by widow — Costs-—Acts of April 27, 1864, P. L. 641, and June 1,1907, P. L. 364.</p> <p>3. Where a widow purchases real estate in partition proceedings, under the Act of June 1,1907, P. L. 364, the costs of the proceedings are to be deducted from the fund before it is divided between the trustee for the widow, and the heir or heirs of the decedent. In this way the parties bear the burden of the costs in exact proportion to their several interests in the fund and in strict compliance with the provisions of the Act of April 27,1864, P. L. 641.</p>