Kelley's Estate

Heller, P. J.,

On Sept. 6, 1921, an inquest in partition was awarded in the above estate, terminating on Feb. 25, 1922, with a decree, whereby the real estate located in Wilkes-Barre Township, Luzerne County, Pennsylvania, was decreed to James Foley, the petitioner in the present petition, upon his entering into a recognizance in the sum of $4000. The said recognizance with sureties approved by the court was filed March 3, 1922. William Foley, one-of the parties to the proceedings, was in possession of the premises at the time of the institution of the proceedings, and is still in possession.…