(Title of Proceeding.)

On reading and filing the petition of verified

, 19 — , whereby it appears, among other things that

the above entitled special proceeding is now pending in this
Surrogate's Court and was instituted by said petitioner, asi



Ch. VII, § 93] THE RETURN OF THE CITATION. 153

sole administrator of the goods, chattels and credits of ,

deceased, to procure ~% decree empowering him to mortgage,
lease or sell the real property of said decedent for the payment
of his debts and funeral expenses ; and that since the commence-
ment thereof, and on the day of 19 — ,

one of , N. Y., who was an heir of

said decedent and named as such in the citation herein, died
(State whether testate or intestate and name representative or

heir at law, devisee e. g.) intestate leaving him surviving

his widow and his only son and sole heir

at law; and that subsequently letters of administration of the

goods, chattels and credits of said , deceased, were

duly issued by our surrogate to , who thereupon

qualified and entered upon his duties as such administrator and
is now acting as such ; (and that said had duly ap-
peared in this proceeding and interposed an answer to the pe-
tition herein and that the trial of the issues raised thereby was
in progress, and still pending undetermined, before this court
at the time of his death) ; and that this proceeding cannot be
continued without the substitution of said .... {widow) ....
