In re the Probate of the Will of Rose

Delehantt, S.

The motion to dismiss the objections of the special guardian is in all respects denied. The reasons for such disposition are in part stated in the decision on a companion motion released simultaneously herewith (185 Misc. 33). In addition to such reasons the motion must fail because the basis to it appears to be an actuarial computation which was so difficult to state that it was erroneously stated (as the moving parties concede) in material respects and the resulting error depreciates the contention of the moving parties though they do not admit that the error destroys their…