In re the Estate of Doepfer

John D. Bennett, S.

The petitioner for letters of administration moves, pursuant to rule 113 of the Buies of Civil Practice, for summary judgment, striking out the answer which alleged that the decedent had left a valid will and objected to the issuance of letters of administration.

The pertinent provisions of the instrument, handwritten on a ‘ ‘ will form ’ ’, are as follows: ‘ ‘ First, after my lawful debts are paid, I give to my wife Mary Doepfer all my personal as well as all my real property wherever located together with any mixed property I may have.

‘11 hereby appoint my beloved wife…