1788.

give bonds in the office of the Clerk of the Court, unto the other grand-children, for their refpective fhares ; but no ʃuch bonds or ʃecurity have yet been given.

On thefe proceedings an appeal is brought before this Court; and, upon the argument, the counfel have done great juftice to thefe refpective clients. It was our wifh, however, that the opinions and practice of the feveral Orphan's Courts of Pennʃylvana, had been afcertained in cafes of this defcription ; and that we might be informed, whether any cafe, upon fimilar principles, had been ever determined in the Supreme Court; for we fhould be exceedingly cautious in pronouncing a judgment that might fhake eftates held in this way. As we have not yet obtained full fatisfaction on this head, we would ftill wift to defer giving our opinion; but that we think it proper, from the length of time the caufe has been under advifement, to proceed upon the lights we have received

On the part of the Appellant, fix exceptions have been taken to the proceedings in the Orphan's Court.

1. That it is no where mentioned, who are the Reprefentatives of Elizabeth Willis, the interftate ; nor into how many parts the eftate fhould be divided ; but the whole is left to the Sheriff.

2.That the Court have adjudged the eftate to a Grandʃon ; whereas they had no authority to go beyond the firft degree in the defcending line.

3. That even if the Acts of Affembly did impower the Court to go farther, to wit, to the grand-children, yet that the adjudication ought to have been to all the children of the eldeft fon, and not to his eldeft fon exclufively.

4. That no provifion is made for the Appellant, Samuel Walton, who is tenant by the curtefy of his wife's fhare, to wit, of a third part, in three parts to be divided.

5. That the judgment is uncertain with refpect to the valuation money ; in-as-much the amount of each fhare is not particularized, not the time of payment limited.

6. That the partition ought to have been made by one inqueft, if practicable ; but, if not practicable, and fo returned, the valuation ought to have been made by another inqueft ; and that, on the whole no eftate can be vefted in Thomas Willis by his acceptance at the valuation, as no fecurity has yet been given for the money.

The weight of thefe exceptions depends upon the due conftruction of the Act of Affembly, entitled, “ An Act for the better fettling of the inteftates eftates,” the fupplement to that Act, and the practice under both of them.

1. With refpect to the firʃt exception ; we think it would be well for the party praying for a partition of an inteftate's real eftate, to be particular in the names of the perfons entitled to fhares, and of the purparty of each; and in this refpect to purfue the forms of a declaration in partition, and of the return of a writ de partitione ʃacienda. But to reverfe an inqueft for this omiffion, would certainly affect