Cubberley's Estate

Lamorelle, P. J.,

— The petitioners, Annette B. Kelley and Harriet T. Mitchell, nieces of Sarah T. Cubberley (being children of a brother who predeceased her), claiming an undivided one-half interest in and to premises No. 750 Passyunk Avenue and No. 751 Campbell Street (both houses being on one lot), seek to have partition thereof.

The respondents allege that Sarah T. Cubberley had no interest in the real estate, in that title to the same in fee passed by her will to her brother, William G. Cubberley, who is now deceased.

These are the relevant facts: Sarah T. Cubberley died June 15,1921,…