In re the Estate of Brown

Lawrence, S.

This proceeding is for the construction of the will of Daniel Brown, who died March 5, 1869, and whose will was probated in this court May 1, 1869.

Mr. Kellas, appearing on behalf of his clients, contends that the proceeding is barred by the Statute of Limitations. Such claim is based on the provisions of section 205 of the Decedent Estate Law and section 53 of the Civil Practice Act.

It would seem that this proceeding is brought under section 145 of the Surrogate’s Court Act. Under that section and section 40 of the Surrogate’s Court Act, it would seem that a proceeding to construe…