Gerety Estate

Opinion by

Mb. Justice Linn,

Testatrix, Theresa A. Gerety, died March 27, 1943, leaving a will dated July 30, 1938. After directing the payment of debts and funeral expenses, she gave all her property to Mary McCarty and appointed her executrix.

Letters testamentary were granted to Margaret Mary McCarty apparently on the suggestion that, by Mary McCarty, testatrix meant Margaret McCarty, though Mary was not part of Margaret’s name. The Register’s action in so granting the letters was not challenged by appeal * to the Orphans’ Court. A declaratory judgment proceeding failed: Gerety Estate, 349…