
    In Re Elizabeth A. Hayes’s Estate.
    February Term, 1909.
    Present: Rowell, C. X, Munson, Watson, Haselton, and Powees, JX
    Opinion filed February 20, 1909.
    
      Executors and Administrators — Claims Against Decedent’s Estate — Commissioner’s Report — Petition to Vacate—
    
      Sufficiency.
    
    A petition to vacate the report of commissioners on a decedent’s estate is fatally defective, where it alleges that the administrator had agreed to keep the petitioner informed as to the progress made in the settlement of the estate; that he was led to believe that there were no debts other than those for the last sickness and funeral; that a claim had been allowed in favor of the administrator which the petitioner believed was fraudulent, and of which he did not learn until long after the commissioners’ report had been accepted by the probate court and the time for taking an appeal had expired; but failed to allege the date of the decedent’s death or of the appointment of the administrator, or whether the estate had been fully administered.
    Appeal from a decision of the probate court granting tbe petition of William C. Greenlaw, as administrator of tbe estate of bis deceased wife, and beir at law of tbe estate of Elizabeth A. Hayes, to vacate tbe report of tbe commissioners on tbe last named estate. J. H. Hayes, administrator of said estate, appellant. Heard on motion to dismiss tbe petition at tbe June Term, 1908, Orange County, Waterman, J., presiding. Motion overruled, pro forma. Tbe appellant excepted.
    
      March M. Wilson for tbe appellant.
    
      N. L. Boyden and E. W. Smith for tbe petitioner.
   Watson, J.

Tbe motion to dismiss is based upon several grounds, but we consider only tbe one that nothing alleged in tbe petition shows cause for tbe relief sought. Tbe motion should have been granted. Neither tbe date of Elizabeth A. Hayes’s death, nor tbe time of tbe appointment of tbe administrator on her estate, nor whether tbe estate bad been fully administered upon or otherwise is alleged. It is alleged however that tbe administrator agreed to keep the petitioner informed as to tbe progress made in tbe settlement of tbe estate; that upon information given by tbe administrator the petitioner was led to believe that no debts existed against tbe estate, other than those of tbe last sickness and burial; and it would seem from further statements in tbe petition that some claim, believed by tbe petitioner to be fraudulent, was allowed by tbe commissioners against tbe estate in favor of tbe administrator, of which claim and allowance tbe petitioner did not learn until long after tbe report of tbe commissioners was filed and accepted by tbe probate court, and long after tbe time for taking an appeal therefrom bad expired, but tbe allegations in this respect are not sufficiently definite, nor full enough, to warrant any expression upon tbe merits of tbe case.

Judgment reversed, petition dismissed with costs, hut without prejudice. To he certified to the prohate court.  