In re the Estate of Shere

Wingate, S.

By submission of this application for decision on the petition and answer alone, the petitioner in effect moves for judgment on the pleadings on the ground that the answer is insufficient in law. (Matter of Murray, 159 Misc. 865.)

The petition states a prima facie case for incarceration of the respondent for contempt for failure to comply with the directions of the decree dated April 9, 1936. The answer avers that the *789respondent is suffering from pulmonary tuberculosis; that he has been advised by his physicians that his immediate hospitalization is essential and that his “ death…