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KIKEL v. KIKEL

372 Pa. 200 (1953)

Kikel, Appellant, v. Kikel.

Supreme Court of Pennsylvania.

January 5, 1953.

Attorney(s) appearing for the Case

Edward J. McGinness, for appellant.

Calvin E. Pollins, with him Pollins & Pollins, C. Joseph Recht and Recht & Recht, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.

OPINION BY MR. JUSTICE ALLEN M. STEARNE, January 5, 1953:

Plaintiff commenced the present proceeding by filing a bill in equity for partition of four parcels of real estate, alleging that under the will of their mother, Sophia Kikel, she and her four brothers (defendants) were tenants in common of these properties. Upon petition of Henry Kikel, one of the defendants and executor of the will of Sophia Kikel, the court below set aside the service and dismissed the bill...

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