Mahoney v. Estate of Sullivan

It is here contended that the trial court erred in denying the petition of the plaintiff in error to vacate the judgment admitting her mother’s will to probate. The petition for vacation alleges that petitioner executed a waiver consenting to the setting of said will for probate, which consent was procured by fraud and deceit practiced upon her by the attorney for the proponents and she alleges, the judgment admitting said will to probate, based in part upon such waiver, was the result of accident, surprise and excusable neglect. By way of conclusion petitioner also asserts that the will of…