In re the Estate of Barth

Vandermeulen, S.

The decedent was killed while riding his bicycle on Grover Cleveland highway, county of Erie, on February 28, 1940.. An action was commenced for negligence and the case was settled for the sum of $6,250.

Decedent left Eleanor P. Barth, the mother and petitioner, and his father, Earl C. Barth, an incompetent, who had been confined in the Gowanda State Hospital from sometime prior to the accident *311to the present date. Decedent also left him surviving a sister, Joanne Barth, an infant of the age of five years.

Pursuant to section 133 of the Decedent Estate Law, the proceeds of the…