Havir's Estate

Opinion by

Mr. Chief Justice Moschzisker,

Mary Havir, the decedent, died testate, and John Havir, husband and the present appellee, elected to take against her will. He proceeded in the orphans’ court for partition of the real estate of his deceased wife; the prayer of his petition was granted, and ¡inquisition awarded as to the property described therein; a child of decedent by a former marriage has appealed.

In making this decree, the court below acted on the petition and answer, treating the case as though plaintiff, by ordering it on the list for hearing, had demurred to the answer.

The…