Perry v. Petillo

Sloane, J.,

— A bill, an answer containing new matter, and an answer to the new matter, were filed in this case. There is little disagreement on facts, and the material averments of the pleadings of both sides may be summarized thus:

The parties are the three children of one Ersillia de Marco, who died May 17, 1940, and the spouses of two of them. Plaintiffs are Mary Perry, daughter of decedent, her husband, Peter, and John Petillo, a son of decedent. Defendants are Frank Petillo, a son, and his wife, Mary.

At the time of her death, Ersillia de Marco was the owner of the two adjoining…