Upon  the  return  of  the  citation,  the  surrogate  must  hear  the
allegations  and  proofs  of  the  parties.  If  it  appears  that  there  is
a  contest,  respecting  the  heirship  of  a  party^  or  respecting  the
share  to  which  a  party  is  entitled,  as  an  heir  of  the  decedent,
the  surrogate  must  dismiss  the  proceedings.  If  there  is  no  such
contest,  he  must  inquire  into  the  facts  and  circumstances  of  the
case.  The  petitioner  must  establish,  by  satisfactory  evidence,  the
fact  of  the  decedent's  death;  the  place  of  his  residence  at  the
time  of  his  death;  his  intestacy,  either  generally,  or  as  to  the
real  property  in  question;  the  number  of  heirs  entitled  to  inherit
the  property  In  qnestion;  the  name,  age,  residence,  and  Matlon-
ship  to  the  decedent,  of  each;  and  the  interest  or  share  of  each  in
the  property.  The  surrogate,  where  these  facts  are  established,
must  make  a  decree,  describing  the  property,  and  declaring  that
the  right  of  inheritance  thereto  has  hof^n  establlshod  to  his  satis*
faction,  in  accordance  with  the  facts,  which  must  be  recited  in  the
decree.
L.  1873,  ch.  062,  §{  1  and  2.  am'd:  T..  1874.  ch.  127  (9  Bdm,  861>-

680


a.  18,  t.  «,  a.  8  PROBATE  OF  HEIRSHIP.  §S  2657-59

%  2667.  Decree  to  be  recorded)  effect  thereof.
