In re the Judicial Settlement of the Accounts of Peck

Hart, S.

Joseph Warren Phelps died in December, 1903, intestate, leaving real and personal property. His only relatives were one maternal aunt, Olive Scott Rodgers, who has since died, and descendants of four maternal aunts, three maternal uncles, two paternal aunts and two paternal uncles.

The question which has arisen in this proceeding is, as to whether the representatives of Mrs. Rodgers, who was the only surviving aunt of decedent, take the entire estate to the exclusion of the descendants of the deceased uncles and aunts, which involves a construction of the amendment of 1898 to section…