In re the Accounting of Wank

Decedent died intestate, leaving a considerable estate. Respondent R. M. Smith, a resident of North Carolina, is one of more than three hundred claimants to the estate. The special guardian for aunts and uncles of decedent and their descendants was requested by the attorneys for the said R. M. Smith to make application to perpetuate Smith’s testimony, and that of a witness, J. M. Clay, both over eighty years of age, which would substantiate Smith’s claim that he was a first cousin once removed of the decedent. Said special guardian transmitted that request to the Public Administrator of Kings…