Decree reversed and proceedings remitted to the Surrogate’s Court; but, under the circumstances, without costs. Held, that it was error to dismiss the petition inasmuch as its allegations were in no manner denied or put in issue. All concurred.
Decree reversed and proceedings remitted to the Surrogate’s Court; but, under the circumstances, without costs. Held, that it was error to dismiss the petition inasmuch as its allegations were in no manner denied or put in issue. All concurred.