In Re the Estate of Holmes

This is an appeal from a judgment and order of reversal of the Appellate Division, Fourth Depart ment, which directed the Surrogate to issue letters of administration to Ernest H. Davis upon the estate of Anna Holmes, also known as Anna Holmes Davis, deceased.

The decedent died in the City of Lockport, N. Y., on January 30,1942. Her sister, Frances M. Lawson, filed a petition for her appointment as administratrix. The respondent, Ernest H. Davis, filed a cross-petition asking for his appointment as the husband of the deceased. He also filed an answer to the petition of the appellant Lawson…