In re Scalzo

Leach, P. J.,

Anthony Scalzo left a will purporting to dispose of an estate of $4,500 and named John Cerra as executor. Shortly before the death of the said Anthony Scalzo, Maria Scalzo, his wife, *378was adjudged feeble-minded. The executor, acting under the supposed authority of the will and with the consent of the children of Anthony Scalzo, engaged petitioner as undertaker. It was later found that all the property was in the estate by the entireties and belonged to the estate of the feeble-minded person under guardianship. This petition was filed by the undertaker and the children to secure…