In re the Estate of Dittmar

Delehanty, S.

The sole distributees of deceased received no actual notice of the proceedings for the probate of his will. They all reside in Germany. They were served only by publication. They apply now to open the probate decree and for leave to file objections to the will. The will heretofore admitted to probate gives all of the estate of deceased to strangers to him in blood.

This court — as is the case with all other courts of record — has undoubted power to vacate a decree procured from it as a result of fraud. It conducted an inquiry to determine whether the proceedings which resulted in…