The Orphans’ Court Partition Act of 1917 was repealed as to interests created after 1950 by the Act of April 18, 1949, P.L. 512 (now §3534 of PEF Code), which provides:

“The court, for cause shown, may order the estate to be distributed in kind to the parties in interest, including fiduciaries. In such case, when there are two or more distributees, distribution may be made of undivided interests in real or personal estate or the personal representative or a distributee may request the court to divide, partition and allot the property, or to direct the sale of the property. If such a request is made, the court, after such notice as it shall direct, shall fairly divide, partition and allot the property among the distributees in proportion to their respective interests, or the court may direct the personal representative to sell at a sale confined to the distributees, or at a private or public sale not so confined, any property which cannot be so divided, partitioned or allotted.”

Phila.O.C. Rule 12.8.A covers these proceedings. It has been suggested that the proceedings under Phila.O.C. Rule 6.9.F be used whenever possible. In practice, questions of partition may thus be handled more easily at the audit than by use of more formal proceedings. See Remick, Chapter 49 and §15.03(f)(3).

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