Smith Estate

VAN Roden, P. J.,

This is a petition filed on behalf of the administrator of decedent’s estate for leave to mortgage real estate allegedly owned by decedent in order to pay decedent’s debts and expenses of administration. The sole issue involved is the real ownership of the property, the allegation of decedent’s ownership having been controverted by the answer filed by respondent, who is an heir at law of decedent’s predeceased wife.

*758The facts are not in dispute. Hugh L. Smith, decedent, and Mary E. Smith, his wife, acquired title to premises known as 223 Rockingham Road, Radnor Township,…