FELLABAUM v. ALVAREZ et ux.


165 Pa.Super. 173 (1949)

Fellabaum, Appellant, v. Alvarez et ux.

Superior Court of Pennsylvania.

July 15, 1949.


Attorney(s) appearing for the Case

H. Russell Stahlman, with him Victor E. Riva and Stahlman & Carson, for appellant.

Sherman H. Siegel, with him Louis R. Oppenheim, for appellees.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ARNOLD and FINE, JJ. (ROSS, J., absent).


OPINION BY RENO, J., July 15, 1949:

Appellant filed a bill in equity to compel the conveyance to her of an undivided one-third interest in certain real estate which her deceased husband, Harry Fellabaum, had conveyed to appellees without her joinder. The bill was dimissed on the ground that appellant had forfeited her right in the decedent's real estate by her wilful and malicious desertion for one year and more prior to his death.

The claim is based upon...

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