Smith's Petition

Opinion by

Mr. Chief Justice Moschzisker,

In this proceeding for a declaratory judgment, the court below construed the will of Elizabeth Bennett, who died October 13, 1918, as giving to each of her four children a one-fonrth undivided share of her residuary estate, for life, and, at the death of each child, the share involved to such decedent’s children in fee. Judgment was entered accordingly. Since this decision prevented the four children of testatrix from conveying a fee in certain real estate which they had sold to Harry G. Smith, the petitioner in the proceeding for the declaratory…