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BEALL v. HARE (11/14/61)

November 14, 1961

BEALL
v.
HARE, APPELLANT.



Appeals, Nos. 107, 108, 124 and 156, March T., 1961, from decree of Court of Common Pleas of Greene County, No. 461, in equity, in case of Alice S. Beall v. James F. Hare et al. Decree affirmed; reargument refused November 30, 1961.

COUNSEL

R. Wallace Maxwell, with him W. Robert Thompson, and Thompson and Baily, for appellants.

Ewing B. Pollock, with him Pollock, Pollock & Thomas, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and Alpern, JJ.

Author: Eagen

[ 405 Pa. Page 289]

OPINION BY MR. JUSTICE EAGEN.

These appeals question the legal correctness of the decree of the court below in an action of partition.

Euphemia S. South died testate on March 18, 1934, seised of improved farm land of approximately 43 acres. By her will she devised a life interest therein to her husband, since deceased, and the remainder in equal shares to her five children, Alice S. Beall, Edna S. Sander, Lula S. Morris, Cora S. Hare and Frank Lee South. Cora S. Hare subsequently died and by will devised her interest to her husband, James F. Hare, Sr., for life and the remainder to her son, James F. Hare, Jr. James F. Hare, Sr. died while these proceedings were in process. On April 2, 1957, Lulu S. Morris

[ 405 Pa. Page 290]

    and her husband conveyed her undivided one-fifth interest to Pearson Minor, the appellee herein.

Alice S. Beall, one of the co-tenants instituted an action in partition on May 16, 1957. The owners of the other four one-fifth interests were named defendants. The court found the land incapable of partition and ordered it sold unless interested parties filed objections as provided for in Pa. R.C.P. 1563(b). Frank Lee South, Edna S. Sander, James F. Hare, Sr. and James F. Hare, Jr. filed timely written objections to the sale of the property and requested that the property be awarded to them alone as the owners of three-fifths or the majority interest therein, at a valuation to be determined by the court, and that their interests remain undivided. Pearson Minor also filed a timely written objection to the sale of the property and requested that the property be awarded to all defendants in the partition action at the valuation to be fixed and that the interests of all remain undivided. The remaining defendants promptly filed objections to Minor's request.

The court appointed a master with authority, inter alia, to fix the valuation of the real estate. The fairness of his appraisal at $8,000 is not questioned.

Subsequently, the court granted Minor's request and decreed that the property be awarded to all four defendants in the partition action as co-owners of an undivided one-fourth interest each. The other defendants, ...


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