In re the Accounting of Rosen

Maximilian Moss, S.

Testatrix’ husband moves to open his default in filing objections to the executor’s account, and to vacate the decree thereon dated October 26, 1956. The decree was based upon a petition and citation which prayed, among other things, for a decree ‘ ‘ that the surviving husband * * * has no right, share or interest in the estate of the.decedent herein because of his abandonment of said decedent during her lifetime ’ ’. The citation was duly served upon the husband who did not appear in the proceeding. The decree provided for distribution as though the husband possessed no…