Morris Estate

Opinion by

Mr. Justice Allen M. Stearne,

This is an appeal in an action in an orphans’ court partition under the Orphans’ Court Partition Act of June 7, 1917, P. L. 337, as amended, 20 PS 1321. The learned court below appointed the two persons in interest trustees to make public sale of the real estate and granted each permission to bid at the sale. The sale has not yet taken place and therefore no fund has been created for distribution.

Decedent died intestate. His heirs were a son and daughter. Testimony was taken to ascertain what debts, if any, were due by the heirs to decedent, in order to…