Weller's Estate

Citations

• 247 Pa. 196
• 93 A. 331
• 1915 Pa. LEXIS 807

Syllabus

<p>Jurisdiction, O. G. — Act of February 24, 1884, P. L. 78, Sec. 59 —Disputed title — Substantial dispute — Evidence—Act of May 25, 1887, P. L. 158 — Party dead — Practice, O. G. — Misjoinder of petitioners.</p> <p>1. Where in proceedings under the Act of February 24, 1834, P. L. 73, Section 59, providing a method for compelling the payment of legacies charged upon land, the testator’s title to the land at the time of his death is questioned, the Orphans’ Court may proceed with the investigation of the title so far as to inform itself whether the denial is made in good faith and whether a substantial dispute exists; and if it appears that the evidence is so insufficient that no issue is raised for submission to a jury, the. court rnay administer the relief prayed for, and it is not necessary that the petitioner’s right should first be settled at law.</p> <p>2. In such proceedings, where the devisee of the land charged with the legacy claimed to be the owner thereof by parol gift from his father, the devisor and record owner, he did not show a substantial dispute sufficient to oust the jurisdiction of the Orphans’ Court, where, while he proved that he had been in possession of the land in question for more than twenty-one years, it appeared by his own testimony that he entered by permission of his father, without any agreement or understanding that he was to become the owner; that subsequently a part of the land had been similarly occupied by his brother; that several years before his father’s death he had offered to purchase the property in question, thereby acknowledging Ms father’s ownership, and where it appeared that such improvements as he had erected were offset by the price which he had received from the sale of timber, brick and tile from the land, and especially where it appeared that the testimony of these facts was incompetent because of the death of one party to the controversy.</p> <p>3. In such case the improper joinder of the executor as petitioner w