Opinion
March 23, 1948.
April 22, 1948.
Before MAXEY, C. J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.
Appeal, No. 49, March. T., 1948, from order of Superior Ct., April T., 1947, No. 79, affirming decree of O. C., Allegheny Co., 1943, No. 6195, in Estate of Mike Sivak, also known as Michael Sivack, deceased. Order affirmed.
Same case in Superior Court: 161 Pa. Super. 323.
Proceedings upon petition by fiduciary and heir to charge partition proceeds with personal expenditures for costs, administration and debts, and upon petition by other heir for allowance of counsel fees, costs and expenses. Before TRIMBLE, P. J.
Final decree entered calculating owelty in partition proceedings, before TRIMBLE, P. J., BOYLE and COX, JJ., opinion by TRIMBLE, P. J. Cross appeals filed by heirs, respectively, in Superior Court, which affirmed the decree of the court below. Appeal by Julia Suvak, daughter of decedent, to Supreme Court allowed.
Paul N. Barna, for appellant.
William L. Jacob, with him C. W. Sypniewski, for appellee.
The facts and the questions raised are stated and disposed of in the opinion of the Superior Court: Sivak Estate, 161 Pa. Super. 323, 53 A.2d 858. We allowed an appeal on the petition of Julia Suvak, appellant at No. 79, and now affirm the order appealed from on the opinion of the Superior Court; costs of this appeal to be equally divided between Julia Suvak and Michael Sivack, Jr.