In re the Estate of Crane

OPINION OF THE COURT

Joseph S. Mattina, S.

This matter was brought before the court by the petition of *98Peter V. Crane, the named executor, for the probate of the will of his father, Robert L. Crane. A guardian ad litem was appointed to represent the decedent’s surviving spouse, Edith Crane, who was not competent. Several days before the return date of the citation, Edith Crane died. On the return date, the guardian ad litem, who had been prepared to request court approval for filing an election against the will on Mrs. Crane’s behalf, argued that despite her death he still had the right to make…