In re the Estate of O'Dowd

Foley, S.

All the exceptions to the referee’s reports are overruled and his reports are in all respects confirmed.

*606I specifically hold that the executor of the deceased executrix was under no duty, under the circumstances disclosed, to apply for the appointment of himself or any one else as administrator c. t. a. of the estate of the testator, Martin O’Dowd. It is true that in the ordinary case, upon the death of an executor a representative to administer the assets of a testator remaining unadministered should be appointed. But where, as here, the deceased executrix, Mary O’Dowd, was the sole…