In re Estate of Gall

We agree with the learned surrogate that whatever right the petitioner had to have the affidavits mentioned in the motion disregarded *4and stricken from the record, his motion came too late, and for that reason should be denied. One of the affidavits was sworn to October 1, 1898, and the other November 1 of the same year. They were both read upon the proceeding in the Surrogate’s Court, and were "made a part of the record on appeal from such determination. The only objection which was raised thereto by the petitioner was that the matter in the affidavits could not be considered for the reason…