In re the Estate of Moran

Ketcham, S.

Preliminary objection is made that the application for an advance on account of the petitioner’s distributive share is brought on by notice of motion and not by citation.

This objection was not waived by the adjournment of the motion by consent. All the questions involved upon the motion were adjourned and were, therefore, all preserved.

The Code, in section 2722 et seq., contemplates that the application shall be commenced by petition; that a citation shall issue thereon and that the proceedings shall result in a decree. Section 2722 provides for an answer, for proof and for a…