In re the Estate of Erlanger

Foley, S.

A preliminary issue of status arises in this proceeding for the probate of the will. Charlotte F. Erlanger, or Charlotte Fixel, as the parties variously claim she is known, contends that she is the widow of the decedent by a common-law marriage. She filed objections to the probate of the will, which raised the usual questions of illegal execution, testamentary capacity, undue influence and fraud. Thereupon the proponents, in accordance with the usual practice, moved to strike out her objections on the ground *785that she was not the widow, and not a person interested in the estate. The…