Nixon v. Nixon

Braham, P. J.,

This is a declaratory judgment proceeding to determine whether plaintiff holds certain real estate derived from the estate of Mary Jane Jay Reinholdt free from a charge for the erection of a mausoleum which was attempted to be imposed by the will of Mrs. Reinholdt. It was *174argued before the court en banc without the taking of testimony. Accordingly, the case is before us on bill and answer. Following the familiar proceeding outlined in Kelly et al. v. International Clay Products Co., 291 Pa. 383, discussed in Pearsall v. Pazor, 61 D. & C. 659, 660, and adopted in Pa. R. C. P.…