Consequently, on November 2, 1949, an order was entered opening the estate and modifying the original order of heirship with a finding that appellant, Emelia Petta, was the lawful widow of Tony Petta and that the daughter born of their union was an heir together with the four children born of the second and third marriages. Acting upon such newly acquired knowledge, appellant, on August 9, 1949, filed a petition in the probate court of Cook County seeking to vacate the order closing the estate and the order finding heirship. Almost three years later, in May, 1949, appellant first became informed of her husband's death, of his two subsequent marriages and of the probate of his will. After enjoying a normal course of administration, the estate was closed on July 16, 1946. The will contained no mention of appellant or her child, and it appears that neither was given notice of the probate proceedings nor was their existence revealed to the court in the proof of heirship. Tony Petta died testate, his will was admitted to probate and his brother, Donato Petta, was appointed executor as the will requested. All the children and the wives, save Anna, survived Tony's death on July 25, 1945, an event which occurred with appellant still not knowing of her husband's whereabouts. When Anna died, Tony, still undivorced from appellant as far as the record shows, entered into a third marriage with Francesca Petta and she bore him one child. Tony, in the meantime, after living in Blue Island for several years, married one Anna Boncoura Petta, apparently without benefit of a divorce from appellant.
Appellant's efforts to locate her husband immediately after his departure were unavailing and she and her daughter continued on in life without ever hearing from Tony in his lifetime. Shortly after his disappearance, a *295 daughter was born to appellant as the fruit of such marriage. Some seven or eight months later, Tony deserted appellant and, without her knowledge, took up residence in Blue Island, Cook County, Illinois. The unique factual situation presented by the record began on July 9, 1919, at Philadelphia, Pennsylvania, when appellant and Tony Petta were lawfully married. This direct appeal is taken from that portion of the decree. After the issues had been settled by the pleadings, the cause was heard before a master in chancery and, acting upon the latter's report and recommendations, the chancellor entered a decree which, among other things, dismissed the complaint for want of equity as to two of the parcels, described in the record as the Vrshek and Host tracts. JUSTICE DAILY delivered the opinion of the court:Įmelia Petta, the appellant, filed a complaint in the circuit court of Cook County wherein she prayed for the partition of five parcels of real estate in which she claims an interest. HORWICH, of Chicago, for appellant.ĬHARLES F.
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