In re the Estate of Tilden

Fitzgerald, S.

A decree has been entered denying probate of a codicil of the will of the decedent, and an application is now made by a party interested in establishing the codicil to open the decree for that purpose. The decree was made in a proceeding in which all the parties required to be cited were before the court. It is, therefore, as to the personal property of the testator affected by the will or codicil, conclusive as an adjudication, not only upon such parties, but upon the applicant, who neither appeared nor was cited in the proceeding. Code Civ. Pro., §§ 2626, 2627, and Throop’s…