In re the Probate of the Will of Frorup

Edgar F. Hazleton, S.

This is an application to vacate the decree admitting decedent’s will to probate, so as to permit the movants to file objections. The decree was entered on June 2, 1956.

All parties are of the mind that the application should not be decided upon the papers but that testimony should be taken. I agree.

The question presented is: Are the provisions of section 347 of the Civil Practice Act applicable to this hearing?

The language of said section gives the answer: “ Upon the trial of an action or the hearing upon the merits of a special proceeding ’ ’. What is being conducted by…