In re the Probate of the Will of Dennis

Hazleton, S.

This motion is made by proponent to dismiss the objections filed against the propounded paper, upon the grounds that they are sham and false. The motion is brought under rule 104 of the Buies of Civil Practice which in turn is made applicable to this probate proceeding by section 316 of the Surrogate’s Court Act.

The objections filed by a contestant in a Surrogate’s Court proceeding may be considered in the nature of an answer. (Matter of Walsh, 107 Misc. 475.) Therefore, the familiar precedents concerning motions of this type brought in the Supreme Court become controlling here.…