255 Pa. 548 | Pa. | 1917
Opinion by
Jacob Ludwick, the testator, died March 13,1914. By his last will, dated October 16, 1900, he directed, inter alia, as follows: “3rd. I will and devise that my Ad
No executor having been appointed by the will, letters of administration on the estate, with the will annexed, were granted to Y. L. Anderson. Pursuant to the directions contained in the will, the administrator appointed three appraisers to fix and determine, the valuation of testator’s real estate. The appraisement so made by them was in writing, and was, by the administrator, April 25, 1914, filed in the register’s office. The son, William, died five days thereafter, intestate, leaving to survive him a minor daughter as his sole heir at law, who by her trustee is here the appellant. The controversy is between her and the testator’s two eldest daughters, who, acting together, claim the right to take the testator’s real estate at its appraised value. The proceeding was begun by the latter, who petitioned the Orphans’ Court to award the real estate to them, distinctly upon the ground that William had declined to accept it at the valuation. A rule issued, directed to the administrator and the guardian of the daughter of William, the deceased son, to show cause why the prayer of the petitioners should not be allowed. The administrator made no answer, but the guardian replied, denying that William had refused to accept the real estate, and traversing other averments contained in the petition. Thereupon the court proceeded to hear testimony touching the several averments, and upon consideration awarded the real