In re the last will of Hynes

Bergen, Vice-Ordinary.

By the decree of the surrogate of the county of Hudson, bearing date September 3d, 1903, the last will of Mary Hynes was admitted to probate. From that decree an appeal to the orphans court of the county of Hudson was regularly taken by Mary Hynes, one of the children of the testatrix, and citations were thereupon issued to all persons interested as if the contest had *486been instituted by caveat, and there had been no decree by the surrogate. On August 24th, 1904, an order was made, with the consent pf the appellant, by the orphans court dismissing the appeal of Mary…