In re the Estate of Matyasz

Wingate, S.

This is an application by a partially unpaid undertaker against an administratrix for the summary payment of the *371balance of the funeral bill. The respondent has defaulted in appearance and answer, wherefore the determination of the present rights of the petitioner must depend upon the allegations of his petition viewed in the light of the pertinent general principles of law and the applicable. statute, which is section 216 of the Surrogate’s Court Act.

The petition sets forth the residence of the decedent in Kings county, the grant of letters of administration to respondent on…