Appeals, Nos. 129 and 132 to 135 incl., March T., 1950, form decree of Court of Common Pleas of Westmoreland County, in Equity, No. 2027, in case of Mary Teacher, Exrx., Estate of Sarah Pruginic Jac, etc., deceased et al. v. Nick Kijurina. Decree reversed.
Robert M. Carson, with him Goethe Faust, for appellants.
R. E. Best, with him Frank A. Rugh, John W. Pollins and Smith, Best & Horn, for appellee.
Before Drew, C.j., Stern, Stearne, Jones, Ladner and Chidsey, JJ.
OPINION BY MR. JUSTICE LADNER
This case arose on a bill in equity filed by the executrix of Sarah Kijurina praying a decree to enjoin Nick Kijurina from selling personal property alleged to belong to plaintiff's decedent, and to enjoin the sale or encumbrance of real and personal property in which it was claimed Sarah Kijurina had an interest as tenant in common.
Nick Kijurina and Sarah Jaic (or Yaick) lived together as man and wife for about 18 years and she was known by the name of Sarah Kijurina. They were in fact not married for Sarah had a husband, Laso Jaic, who had deserted her but from whom she had never been divorced (see Jac Estate, 355 Pa. 137, 49 A.2d 360 (1946)). They lived together on a farm in Westmoreland County, title to which they had acquired in 1935, which was conveyed to them under the names "Nick Kijurina and Sarah his wife." Thereafter they acquired certain other real estate in like manner. Copies of these deeds are not included in the printed record, but it was agreed by both counsel that there is no other language in these deeds indicating the character of estate taken.
Sarah predeceased Nick leaving a will by which she specifically devised the real estate in question to her sister, brother-in-law, nephew and niece. She also bequeathed her personal property to the same legatees and appointed the sister, executrix.
The executrix filed a bill in equity against Nick alleging that she was denied access to the farm in which
she claimed her decedent had a half interest in common, and also prevented from taking an inventory of the farm machinery, livestock, crops, etc. in which she claimed her decedent had a half interest, and prayed for an injunction restraining defendant from selling, disposing of or encumbering the real and personal property.
Nick filed an answer denying the interest claimed on behalf of the decedent's estate, and under New Matter prayed a decree that the farm personal property be decreed to be his, that title to the real estate be declared in him as surviving joint tenant, and that title in a certain joint savings account in the First ...