In re the Estate of Francuszkiewicz

Boylan, S.

This is an application by the New York Casualty Company, a judgment creditor of a distributee, to set aside the probate of the will of decedent on the ground that it was not listed in the petition for probate as a party interested in the proceeding and not cited therein and on the further ground that at the time the instrument was executed the decedent lacked testamentary capacity and was under undue influence.

On the return day of the citation the executor moved to dismiss the proceeding on the ground that the petitioner, a judgment creditor of a distributee, who was substantially…