Order reversed and matter remitted to the Surrogate for proceedings not inconsistent with the views herein set forth, with $10 costs and disbursements to abide the subsequent proceedings.
An allegation in a petition, in a proceeding such as this, that the petitioner is a creditor of the estate, does not in and of itself suffice to establish the petitioner's right to maintain the proceeding as a creditor. The status of a "creditor" is not the same as that of a "person...
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