In re the Estate of Defino

Delehanty, S.

Deceased’s will named his daughter as executrix. She offered his will for probate and while the proceeding was pending died. Her husband has been named her administrator. The will of deceased has been admitted to probate. The eighth clause of the will gives the residuary in equal shares to the daughter who was named as executrix and to a person described as deceased’s “ common-law wife, Edith Betts ”.

The last-named petitions. for letters of administration with the will annexed. She asserts a status as surviving spouse. An answer to that petition was interposed by the…