Taylor v. Vandegrift

— This was a proceeding instituted under section 2342, R. S. 1881, to compel the appellant to file his petition for the sale of certain real estate of which the decedent died the fee simple owner, for the payment of debts. The judgment of the court being adverse to the appellant he appeals.

It is not contended that the decedent did not own the real estate at the time of his death, but the contention is, that notwithstanding such ownership the real estate descended to the heirs of the decedent independent of the demands of creditors.

The decedent left no widow, him surviving, but left children,…