Hoffert v. Bastian

Henninger, P. J.,

This is a petition for a declaratory judgment to determine whether plaintiff, Lillian M. Hoffert, is the sole owner in fee simple of premises 1309 Chew Street, Allentown, Pa., or whether the Estate of Laura T. Schwoyer owns a half interest therein. In the caption of the action, the executors alone are listed as defendants, but the notice required by section 2 of the Act of May 22,1935, P. L. 228, as amended, 12 PS §848, named all of the legatees under the will of Laura T. Schwoyer, and plaintiff herself is the residuary legatee and devisee therein.

The petition avers that on…