In Re Yonk's Estate

This action involves an appeal from a decree of partial distribution. The court below decreed distribution to the surviving nieces and nephews on a per stirpes or representative basis and not on a per capita basis.

The facts are not in dispute and are substantially these: The decedent, Charles Yonk, died intestate. He left no surviving wife, no issue, father mother, brother, or sister. His sole surviving heirs and those involved in this appeal are 24 nieces and nephews. These heirs are children of decedent's brothers and sisters and are grouped by families as follows: One heir is a child of…