In re the Estate of Arneson

There has been presented herewith for decision, the within proceeding brought by petitioner to open, vacate and set aside a prior decree of this court which admitted to probate the last will and testament of the decedent herein. It is within the inherent power of this court to grant such relief (Judiciary Law, § 2-a; CPLR 5015; 1A Warren’s Heaton, Surrogates’ Courts [6th ed], § 121; Practice Commentaries, McKinney’s Cons. Laws of N. Y., Book 58A, SCPA 209).

The petitioner is the duly appointed ancillary and domiciliary conservator of an adult son of the decedent. The son, while being a…