In re Pritchett

The appellant, who is sole devisee of the entire estate under the will, applied to the Probate Court for a decree of distribution; and it appears from the findings: First—That the will was duly probated, and the defendant is the administrator with the will annexed, duly appointed and qualified. Second—That a notice to creditors was published, as required by law, and the time within which creditors were required to present their claims has fully expired. Third — That all the debts and charges against the estate, including the expenses of administration, have been fully paid, and the estate is ready for distribution. Fourth—That the final account of the administrator has been rendered, and duly settled and allowed; from which it appears that there is a balance in his hands subject to distribution. Fifth—That the testator left no wife, nor father, nor issue surviving him, and his mother (the appellant) is the sole devisee of the entire estate; but the testator left a surviving brother, over twenty-one years of age, residing in England, who has never appeared herein, nor assented to the probate of the will, and has taken no steps to contest the same, nor have such steps been taken by…