In re the Probate of the Will of Sauer

This proceeding was begun by an order to show cause why the probate decree of June 3, 1949, admitting to probate a paper writing as the last will and testament of Gertrude A. Sauer should not be vacated and petitioner permitted to file objections to the reception of said written instrument heretofore determined to be the last will and testament of the deceased. The question presented for our determination is whether the order appealed from vacating the probate decree of June 3, 1949, is based upon a proper exercise of the discretion of the Surrogate’s Court.

The rule applicable to opening…