Spaulding v. Ferguson

Citations

• 158 Pa. 219
• 27 A. 945
• 1893 Pa. LEXIS 1569

Syllabus

<p>Estoppel — Parol partition — Adverse possession — Statute of limitation— Fee simple.</p> <p>Testator devised three fourths of a tract of land to his son, with power of appointment by will to the son’s sons, or, upon failure of appointment by will, to the son’s sons, excluding daughters. No disposition was made of the remaining one fourth of the tract, and there was no residuary clause. The son took possession of the whole tract and devised it equally to all his children, including daughters. After his death his six children made a parol partition of the whole tract, and each child went into possession of his or her purpart, and held it openly, continuously and adversely for more than twenty-one years. Held, that the daughters, by the estoppel of the sons and by the statute of limitations, had acquired a good marketable title to the purparts allotted to them in the parol partition.</p>