In re the Estate of Friedlander

Wingate, S.

The question for the present determination arises on what amounts to an ex parte appeal to the surrogate by the petitioner in a probate proceeding, from a ruling by the clerk of this court who has declined to proceed with the probate of the propounded instrument in the absence of the issuance and service of a citation upon other parties potentially interested in the estate. Since the same legal question here involved has arisen on several occasions since the amendment of the Statutes of Distribution accomplished by chapter 229 of the Laws of 1929, which became effective on…