In re the Estate of Burke

Henderson, S.

The question for determination in this proceeding is the status of the petitioner, who alleges that she is the widow of the decedent. Letters of administration were issued to a brother of the decedent, who obtained his letters by an allegation that the decedent left no widow. The petitioner was not cited in that proceeding, and she seeks to have the administrator’s letters revoked because of the alleged misrepresentation of a material fact (Surr. Ct. Act, § 99).

The decedent was a member of the municipal fire department in the city of St. Louis, Mo., for many years. He came to New…