In re the Probate of the Will of Schell

The order appealed from is an order of the Surrogate’s Court of Tompkins County which granted in part and denied in part motions to dismiss a petition for an order vacating a probate decree. The decree sought to he vacated was made September 15, 1924, after an uncontested probate proceeding, and determined that certain papers in the handwriting of Richard M. Schell, deceased, purporting, to be his last will and testament, constituted a valid will. The petition to vacate this decree is based upon charges of fraud made against a corporate executor and trustee, and alleges that decedent was not…