In re the Estate of Westberg

Delehanty, S.

This proceeding was begun by order to show cause why the probate decree of November 27, 1936, should not be vacated and petitioners permitted to file objections to the reception of the instrument hitherto determined to be the last will and testament of deceased. The pertinent legal principles have been many times stated. (Matter of Leslie, 175 App. Div. 108, 112; Matter of Elias, 222 id. 728; Matter of Jackson, 134 Misc. 750; affd., 227 App. Div. 777.) In the Leslie case it was said: “ It is not open to any one, merely by asserting a nebulous claim to an estate, to ask that a…