Kline's Estate

Ladner, J.,

— This matter came before the court upon petitioner’s preliminary objections to the answers filed by the executor and distributee. From these pleadings the following facts appear. Decedent died testate April 18, 1938. Harry M. Eberhard was appointed her executor, and John Harper, Esq., who had been decedent’s attorney in her lifetime, appeared for the executor at the audit of his account on June 5, 1939. The auditing judge (Bolger, J.) by his adjudication (confirmed absolutely July 5, 1939), awarded the balance after payment of legacies to decedent’s niece, the residuary legatee.

Two…