The obvious connotation of this enactment with its provision for examination in spite of a default in answer, is that the demonstration provided for in the last quoted sentence must be a testimonial one, and such has been the uniform interpretation placed upon the enactment. (See Matter of Akin, 129 Misc. 840; affd., 222 A.D. 710; affd., 248 N.Y. 202.) It is fundamental that in the inquiry envisaged by the statute the surrogate acts in a judicial capacity.