Estate of Polito

This is an appeal from a decree of distribution, and is prosecuted by the appellant, Rosa Polito, in her capacity as administratrix of the estate of Louis L. Polito, deceased, and also as a surviving heir of said deceased.

The facts are these: Louis L. Polito was the owner during his lifetime of certain real estate which upon his death without a will descended to his heirs. One John L. Polito was one of these heirs, and was entitled under the law of succession to a one-tenth interest in said real estate. Shortly after the death of said Louis L. Polito, Sarah A. McCurdy commenced an action against said John L. Polito to recover an indebtedness due from him to her in the sum of $2,000, evidenced by a promissory note, and in said action attached the said interest of John L. Polito in the estate of his father, and thereafter recovered a judgment therein for the sum of $4,452.45, which judgment was duly docketed on or about January 24, 1919. On July 14, 1919, Rosa Polito, as administratrix of the estate of Louis L. Polito, deceased, commenced an action against John L. Polito upon an indebtedness due by him to his said father, and on September 13, 1919, recovered a judgment against him…