Gatins Estate

Opinion by

Baldrige, P. J.,

The orphans’ court held that the appellant, a residuary legatee under the will of testatrix, his mother, was not entitled to share in the balance for distribution because his indebtedness to the estate for use and occupation of a portion of decedent’s real estate, subsequent to her death, exceeded the amount of his share. This appeal attacks the jurisdiction of that court in entering-such a decree.

Catherine Kelly Gatins died October 23, 1932, first having made a will dated December 16, 1929. She directed that her real estate be sold and bequeathed the proceeds, after…