In re the Estate of Gross

Wingate, S.

Since no opposition has been interposed to the-present application, the sole duty of the court in its evaluation is to determine whether the allegations of the petition, when admitted by default of denial, are sufficient to warrant the grant of the relief prayed.

On the allegations of the probable net assets of the estate it is obvious that if the will and codicils are denied probate the intestate share of the applicant will exceed the sum advance payment of which is here sought,

The question thereupon presents itself as to the rights which the petitioner would possess if the…