Collins Estate

Opinion by

Mr. Justice Bell,

Under the provisions of this will, did two of the three (named) surviving children or did only the (named) surviving child of testatrix take a fee simple interest in premises 1729 Wayne Avenue?

The Orphans’ Court sur a petition for a declaratory judgment decided that title in fee simple vested in testatrix’ son John Collins after the death of his brother Joseph and his sister Florence.

Catherine Collins, the testatrix, died on December 19,1943, at which time she owned premises 1729 Wayne Avenue, Scranton, Pa. She bequeathed f5 to her daughter Clare and $5 to her son…