Gudalis Estate

Gangloff, P. J.,

Petitioner, Leonard Chaikowsky, avers in his petition that Martin Gudalis died on June 16, 1954, testate, that Helen Gudalis (now Helen Gudalis Wolsky) qualified as. executrix of his estate and that:

“2. The petitioner is a creditor of the said estate, whose claim has not been paid”, and he then asks for a citation upon executrix to file an account. A citation was accordingly awarded on March 14, 1955.

If petitioner were required to stand on his petition exclusively the only decree warranted in that event would be a decree dismissing the petition without prejudice; this for the…