Phillips's Estate

SAYERS, P. J.,

Isabelle Phillips died intestate Dec. 28, 1925, leaving as her only heirs-at-law two sons, Curl H. Phillips, aged fifty-five, and George W. Phillips, aged fifty-three, and seized of a house and two lots of ground in Carmichaels Borough.

On April 26, 1926, Curl H. Phillips presented his petition to this court and obtained a eitition on George W. Phillips to show cause why an inquest in *476partition should not be awarded. To this citation George W. Phillips made answer, denying the right of petitioner to have partition, for the reason that he is barred by an assignment of his…