In re the Judicial Settlement of the Accounts of the Administrator of the Estate of Draper

Fish, S.

The petitioner, who is the husband of decedent, asks in this proceeding, which is for the *405settlement of Ms accounts as administrator, that there be directed to be paid to Mm as the husband of the decedent the sum of $150, which he claims should have been set aside to him pursuant to the provisions of section 2670 of the Code of Civil Procedure. I think the provision contained in section 2735 of the Code of Civil Procedure that the surrogate’s decree on judicial settlement ‘ ‘ may ’ ’ award to a surviving husband the same relief as to set-off of property wMch may be awarded on a…