Heydenfeldt

This is a proceeding under a writ of review to have a certain order declared void.

The court had made the decree of distribution in the estate of Solomon Heydenfeldt, deceased, and under that decree certain property belonging to the estate was distributed to the petitioner, and in pursuance of the decree was given into her possession by the executors. Subsequently, the decree was reversed by this court on appeal.

After filing the remittitur the executors presented to the probate court a petition setting forth the above facts, and asking for an order requiring the petitioner herein to restore the property so received by her to the executors. To the citation she interposed an answer, in which she denied that she had no title to the property or right of possession other than as devisee and legatee of Solomon Heydenfeldt, deceased, and averred that she was herself the owner of all the property involved in the proceeding. This answer was, on motion, stricken out as sham and frivolous, and the court proceeded, after the hearing, to make the order here complained of.

It will not be contended that the court exceeded its jurisdiction in striking out the answer as sham and frivolous,…