In re the Estate of Seppala

Wingate, S.

The answering affidavits herein are utterly insufficient to exculpate the proponent for the unreasonable delay which has occurred in bringing this will on for probate. On the other hand, the precise relief sought in this application cannot be granted, since there is no proceeding by which another proponent can be substituted for one already before the court

A probate proceeding is one in rem (Matter of Meiselman, 138 Misc. 104, 107, and authorities cited), and since the respondent on this application has brought the rem into the court, he is by the nature of things the proponent…