Lerch's Estate

Opinion by

Mr. Justice Simpson,

This is a proceeding under the Act of June 18, 1923, P. L. 840, known as the “Uniform Declaratory Judgments Act,” though it specifically provides for declaratory decrees as well as declaratory judgments. The single question to be decided is: Did Ralph E. Lerch, the petitioner, acquire a fee simple title under the will of his mother, Mary E. Lerch, to premises 509 and 511 Market Street, Bangor, Pa.? The court below decreed that he did not and dismissed his petition, and he now appeals. The decree must be reversed.

The circumstances attending testatrix at the time…