In re the Estate of Beyer

John B. Sterley, S.

This proceeding was initiated under section 205 of the Surrogate’s Court Act.

The respondent adopted the increasingly prevalent practice of appearing for examination, as directed, but failed to file any answer whatsoever. Had an answer been interposed admitting possession and claiming title, the burden of proof would, of course, have shifted to the respondents to demonstrate the necessary elements of devolution of title to them. (Matter of Housman, 224 N. Y. 525, 526, 527; Matter of Davis, 128 Misc. 622, 623, affd. 222 App. Div. 846; Matter of Calen, 142 Misc. 363, 365;…