14 Pa. 258 | Pa. | 1850
The opinion of the court was delivered, by
— The parties stated a case in the Common Pleas. Both claimed a reversal of the judgment below; and they desired the opinion of the Supreme Court on the whole case. The commonwealth had neglected to take a writ of error, and on the suggestion of this court, the counsel agreed in writing that the case should be heard and decided as if both parties had writs of error.
The case stated shows that William Ayres died on the 4th April, 1843, unmarried and without lawful issue, leaving William John Ayres, an illegitimate son. His heirs at law were brothers and sisters, and their descendants. He died, leaving a large real and personal estate, subject to the collateral inheritance law of the 7th of April, 1826: Dunlop, second edition, 453. William. John, his son, claimed the estate under an alleged nuncupative will, which was admitted to probate by the register. From this decree, the collateral heirs appealed. The parties compromised, agreeing to divide the estate. The appeal never was legally determined, nor is it material, when the case is properly considered.
The judgment against the collateral heirs is affirmed, and the judgment in favor of William John Ayres is reversed, and judgment entered in favor of the commonwealth.