Opinion by
We are required to dismiss this petition for a declaratory judgment under the Uniform Declaratory Judgments Act of June 18,1923, P. L. 840, as amended by the Act of May 22, 1935, P. L. 228, 12 PS 831 et seq., as amended by the Act of May 26, 1943, P. L. 645. Such remedy is not an optional substitute for a statutory one specifically provided:
Gerety
Estate,
What the parties seek
in this proceeding
is to have a legal determination of the extent of the interests of each of the parties
in a partition suit already pending
in the court below. The Orphans’ Court Partition Act of June 7, 1917, P. L. 337, 20 PS 1181, as amended, provides a complete and adequate remedy. Partition proceedings are commenced by a petition. Under the Orphans’ Court Buies promulgated by this court on December 30, 1942, reported in
If a determination of the extent of the interests of tlie persons interested in the partition proceedings becomes necessary, an answer can be filed and their interests determined by the court.
The interests of the parties in this proceeding depend on the will of John H. Fahey, deceased, which this partition proceeding presents to the Court for construction. There is no necessity for suspending the partition proceeding which is specifically provided for by a statute and the Orphans’ Court Eules, and resorting to procedure under the Uniform Declaratory Judgments Acts.
The decree is reversed and the petition dismissed. Costs to be paid out of the estate.