SUPREME COURT of Pennʃylvania:
WALTON verʃus WILLIS.
T
HIS was an appeal from the Orphan's Court of the county of Philadelphia. It was argued in January term by Levy and Tilghman for the Appellant; and Sergeant and Ingerʃol for the Appellee. And now the CHIEF JUSTICE ſtated the caſe, and delivered the opinion of the Court, in the following manner.
M‘KEAN, Chieƒ Juʃtice. Elizabeth Willis being ſeized of a meſſage and lot of land in the city of Philadelphia, with the appurtenances, died inteſtate, leaving iſſue a daughter name Elizabeth, who had intermarried with Samuel Walton, the Appellant, and by him had iſſue two ſons, Joʃeph and Booz; and four grand-children, to writ, Thomas the Reſpondent, Solomon, Muʃgrove and Rebecca, being the children of her ſon Solomon Willis deceaſed, who had died, before her, inteſtate. The daughter, Elizabeth Walton, died after her mother, and her huſband, the Appellant, and their two children, before named, ſurvived her. Thomas Willis, the Reſpondent, applied by petition to the Orphan's Court of the county of Philadelphia, held on the 1ſt of April, 1782, for a partition of the premiſſes ; or, if they could not be divided without prejudice to, or ſpoiling the whole eſtate, that a valuation thereof might be made, agreeably to the directions of the Acts of Aſſembly in ſuch caſe made and provided. An inqueſt was accordingly had, and a return made, that the premiſſes could not be divided without prejudice to, or ſpoiling the whole, and valuing the ſame at £358. This return was confirmed by the Court on the 10th of June, 1782, and the premiſſes were adjudged to, and accepted by Thomas Willis, the Reſpondent, at the above valuation; and for ſecuring the payment of that ſum, in due proportion to the other Grand-children, he offered to the Court two ſureties, who were approved of, and directed to
