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In the matter of the probate of the alleged will of SAMUEL M. BRAUNSTEIN,deceased.

1. A minor child of a deceased son of the decedent comes within the purview of the provisions of section 22 of the Orphans Court act ( 3 Comp. Stat. p. 3819) and the next friend of such child may, as here, file a petition in its behalf.

2. The Orphans Court act is constitutional.

3. The judge of the orphans court in the county where the will is probated may make the order made in this case under section 22 of the Orphans Court act. The amount allowed the petitioner was reasonable.

PER CURIAM.

The appellant makes four points on appeal, namely, (1) the act does not apply to the facts in the instant case; (2) the amount of the allowance is unreasonable and excessive; (3) a fair reading of the statute does not justify an order in advance; (4) the grand-daughter is not within the provisions of the statute; of which the first, in so far as it was presented below, is within the sixth reason mentioned in the opinion of the vice-ordinary; the second is the fourth reason below; the third is embraced within the second reason below and the fourth is the third reason below.

The order appealed from is affirmed, for the reasons given by the vice-ordinary on the points mentioned. For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, HEHER, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, DILL, JJ. 14.

For reversal — None.

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IN RE BRAUNSTEIN
(Apr 12, 1934)