Wilson Petition

Sheely, P. J.,

This is a petition under the Act of April 11, 1866, P. L. 780, 53 PS §795, by a husband whose wife is non compos mentis and an inmate of the Harrisburg. State Hospital, for authority and direction to sell certain real estate owned by him in his own right for the sum of $5,000 without *115the joinder of his wife, so that the sale shall divest such premises from any estate or claim of dower.

The Commonwealth of Pennsylvania, by the Department of Revenue, has filed an answer to the petition alleging that the wife has been in the care of the hospital since September 25, 1958, that there…