Majority
p. 952In the Matter of the Estate of Addie N. Schiller, Deceased. Ruth S. Matheson, Appellant; Myrna Schiller, as Administratrix, etc., Respondent.
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.