In re Proving the last Will & Testament of Leland

Fowler, S.—

The will of Francis L. Leland is not contested ' and a decree for its probate has duly passed. This is an independent application for letters testamentary based on the probate. Where the right to receive letters testamentary is controverted the issue is thereafter carried on as a proceeding separate and apart from the probate proceeding, which is then confined to factum only. This division of a proceeding for probate and letters into two parts is a mere matter of practice for the convenience of the parties and the court. (Matter of Mayer, 84 Misc. Rep. 9.) The gravity of the issue…