In re the Estate of Brodin

John D. Bennett, S.

This is a proceeding pursuant to section 217 of the Surrogate’s Court Act in which the petitioners request *652that the executrix he cited to show cause why she should not pay the claims herein.

The respondent executrix has defaulted in that she failed to properly answer the petition thereon and has not formally rejected the claim.

A proceeding pursuant to section 217 of the Surrogate’s Court Act is a special proceeding in which the court is called upon to ascertain certain facts and to exercise its discretion. The application and use of said section is subject to uncertainty.…