In re the Estate of Levitt

Wingate, S.

The pertinent facts respecting this proceeding are conceded with an effect substantially equivalent to a motion for judgment on the pleadings by reason of the submission upon the petition, answer and replying affidavit. (Matter of McGlone, 166 Misc. 636, 637; affd., 256 App. Div. 1074; Matter of Hazley, 166 Misc. 745, 746; Matter of Hearn, 158 id. 370, 372; Matter of Kelly, 174 id. 860, 863.)

As thus developed, it appears that the petitioners were attorneys who were employed by one Frieda P. Crane to attempt to secure letters of administration upon this estate for her. They were…