Mulligan Estate

Shoyer, J.,

This matter involves a proceeding under the Act of 1955, enacted February 28,1956, P. L. (1955) 1154, as reenacted and amended by the Act of July 11, 1957, P. L. 794, 50 PS §§3101-3801, known as the Incompetents’ Estates Act of 1955.

Before us is the motion of Harold B. Mulligan, the alleged incompetent, to dismiss the citation issued against him on petition of his daughter, Catherine M. Hagar, who has since died. Her death is the sole reason *476assigned in support of the motion. Preliminary objections have been filed by the executor of the daughter’s estate in which he asserts that…