Reid v. Clendenning
Supreme Court of Pennsylvania
Reid v. Clendenning, 193 Pa. 406 (Pa. 1899)
44 A. 500; 1899 Pa. LEXIS 1137
Blown, Dean, Fell, McCollum, Mitchell, Oleen, Stekrett
Reid v. Clendenning
Opinion of the Court
We find no error in this record that requires either reversal or modification of the decree from which this appeal was taken. The findings of fact were fully warranted by the pleadings and evidence, and the conclusions drawn therefrom are substantially correct. All that need be said in support of the decree will be found in the clear and satisfactory opinion of the learned trial judge, and on it the decree is affirmed and appeal dismissed at appellant’s costs.
Reference
- Full Case Name
- Charles H. Reid, Trustee v. Arthur Clendenning
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- Partition—Jurisdiction of orphans' court—Conversion. Testator by his will devised the residue of his real and personal property to his children excepting a son, share and share alike. By a codicil he gave two full equal shares with' his other children to a trustee “ to put and place the same out at interest on good real security, and pay over the interest thereof” to the excepted son and a niece. Held, that there was no conversion of the shares of the devisees, except, perhaps those given to the trustee, and if there was a conversion as to them the orphans’ court had jurisdiction to decree partition on petition of the devisees holding their shares as land. Partition—Parties—Trustee. Where in partition proceedings it appears that two of the shares are held by a trustee, named as such in the petition, and it also appears that the trustee, as an attorney at law, had conducted the whole proceedings, the fact that he was not served as trustee will not invalidate the proceedings. ' Partition—Trustee—Bidding at sale. An executor who has the right to make sale in partition proceedings may, if he secures the appointment of a trustee to make the sale, purchase the land and make a good title to another person; and this is especially the case where the executor is also a trustee of certain shares of the land sold.