In re the Estate of Lust

Henderson, S.

This proceeding for the sale of certain real property of the decedent has been brought by a creditor within eighteen months after letters testamentary were issued to decedent’s widow.

The application is contested by decedent’s children who are his only heirs at law. Under his will they take the residuary estate and the remainder in said real property after the widow’s life estate therein. The widow has not answered herein and no proceeding for the settlement of her account as executrix has been commenced.

The petitioner foreclosed a mortgage upon other real property formerly owned…