Reynolds' Estate
Reynolds' Estate
Opinion of the Court
Opinion by
The party whose estate is being distributed had been at one time tenant in common with the appellants with respect to the real estate out of the sale of which the present fund arises; the former as widow of an intestate husband, who had died seized of the premises, leaving no issue, the latter as his collateral heirs. This relation continued for a year or more, when in 1879 the real estate, situated in the State of New Jersey, was sold at judicial sale, subject to the widow’s dower right therein, to meet the debts and engagements of the party who had so died seized. What was there sold was the interest of these appellants in the property, they being the only parties against whom the process issued, as the heirs at law of the deceased. The sale terminated the tenancy in common. The purchaser was an entire stranger to the estate, and represented no one interested therein. Within a short time thereafter he sold and conveyed the
The assignments of error are overruled, and the appeal is dismissed.
Reference
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Decedents’ estates — Judicial sale of real estate — Purchase by tenant in common — Validity of title. Certain real estate belonging to a decedent’s estate held by the widow and collateral heirs by tenancy in common, was sold at a judicial sale after proceedings to which the widow was not a party, and purchased by a third person who was an entire stranger to the estate, and represented no one interested therein. A short time thereafter the latter sold and conveyed the premises to the widow, who remained in possession until her death, after which the property was sold by her legal representatives. The collateral heirs, former cotenants in common, claimed to participate in the fund so produced. Held, that the claimants had no standing to come in on the fund.