In re Demmert

The Surrogate.

The petitioner swears that the deceased died without leaving a last will and testament. As a matter of fact, the deceased left a will, which was set aside by this court (Demmert v. Schnell, 4 Redf., 409).

It being understood that the deceased had made *300another will, which had been destroyed, the principal beneficiaries under that will were cited or appeared on this proceeding, but did not claim that the deceased had left a will. It may well be that the deceased’s will was destroyed under such circumstances that it was not thereby revoked; but that fact must be proved, before the…