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SHERIDAN v. LUCEY

395 Pa. 306 (1959)

Sheridan, Appellant, v. Lucey.

Supreme Court of Pennsylvania.

March 20, 1959.

Attorney(s) appearing for the Case

R. Winfield Baile, with him James L. Shea, for appellant.

Thomas J. Reilly, with him Reilly & Pearce, for appellees.

Before JONES, C.J., MUSMANNO, JONES, COHEN and McBRIDE, JJ.

OPINION BY MR. JUSTICE COHEN, March 20, 1959:

The sole question on this appeal is whether the action for partition of real estate held by joint tenants with the right of survivorship abates upon the death of the complainant before judgment has been entered by the court. We conclude that the action does abate and the decedent's interest accrues to the survivor.

The undisputed facts reveal that appellant's-decedent, Catherine N. Sheridan was owner of the

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