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STINEMAN v. STINEMAN

382 Pa. 153 (1955)

Stineman, Appellant, v. Stineman.

Supreme Court of Pennsylvania.

May 23, 1955.

Attorney(s) appearing for the Case

P.D. Larimer, with him Englehart, Larimer & Englehart and Shettig, Swope & Shettig, for appellants.

A.A. McDonald, with him Harry Doerr and Myers & McDonald, for appellees.

R.E. Porter, with him Greenwell & Porter, for J. Wilbur Stineman, appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY and ARNOLD, JJ.

OPINION BY MR. JUSTICE BELL, May 23, 1955:

Appellants, grandchildren and heirs of the testator, Jacob C. Stineman, filed a bill of complaint in equity for a partition of real estate devised by testator, including so-called coal and fire-clay real estate. Preliminary objections were sustained as to the real estate which contained coal and fire-clay, and the bill as to said land was dismissed, on the theory that the will created a trust with respect to such real estate...

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