In re the Estate of Ebbets

Church, S.

This is a motion by two grandnephews for a payment on account of their distributive share in decedent’s estate. It is opposed on the ground that they are not next of kin under the statute.

Although the deceased left a will, as the legacy had lapsed, the parties take as if he had died intestate. His only relatives were as follows: Three nephews and a niece, the children of a deceased brother, James Ebbets; a grandnephew, the son of a deceased niece, who was the daughter of the said James Ebbsts, deceased; two grandnephews (the petitioners herein), sons of a deceased nephew, Harry V.…