In re the Estate of Culley

Carey, S.

In this proceeding to vacate and set aside the decree admitting the will of the deceased to probate, a motiqn has been made by the respondent, the executrix named in the will to whom letters testamentary were issued, to dismiss the proceeding on the grounds that the petitioner admitted in his waiver that the deceased was a resident of the State of New York at the time of his death, and that the petitioner is guilty ©£ laches and is estopped from making this application. No answer has been filed to the petition as yet, so that for the purpose of this motion it is conceded that we must…