Mahoney Estate

Opinion by

Mr. Justice Patterson,

Ethel Mahoney, appellant, filed her petition for partition, alleging that by virtue of an antenuptial agreement and the terms of the will of John H. Mahoney she is the owner of an undivided one-third interest in the real estate of which the said John H. Mahoney, her husband, died seized. An answer was filed by the five children of deceased, appellees, denying her right to partition. The court below dismissed the petition, holding that (1) with regard to the antenuptial agreement, appellant stood in the position of a creditor, and (2) with regard to the will,…