Fahey Estate

Opinion by

Mr. Justice Jones,

The principal question on this appeal is whether the “Children and grand Children” specified in the will of John H. Fahey, deceased, take per stirpes or. per capita. The controversy arises out of a suit for partition in the Orphans’ Court of Allegheny County. The matter was here once before on an appeal from an order entered in a contemporaneous declaratory judgment proceeding instituted in the same court for the purpose of having the respective interests of the various beneficiaries of the decedent’s estate determined ancillary to the partition suit already…