Billiard's Estate

Ladnér, J.,

This matter came before the court on petition to vacate our decree appointing appraisers to value real estate chosen by the surviving spouse for his $5,000 exemption. From the petition, and answer filed thereto, the following undisputed facts appear.

Decedent, Elizabeth M. Billiard, died intestate, married but without issue, on May 5, 1939, seized in fee of premises 305 Berks Street, Philadelphia. On June 15, 1939, petitioners (brothers and sister of decedent) instituted an action of ejectment in Common Pleas Court No. 6 of Philadelphia County as of June term, 1939, no. 1231. The…