In re the Probate of the Last Will & Testament of Davis

The opinion of the court was delivered by

Oliphant, J.

This is an appeal from an order of the Warren County Court which dismissed an order requiring the respondents to show cause why a judgment of the Surrogate’s Court of that county, which had admitted to probate the last will and testament of Babette Davis, should not be set aside.

The proceeding was instituted pursuant to Rules 5:3-4(a), 5:3-5(a), now R. R. 5:3-4(a), 5:3-5(a). The moving parties were the next of kin of the decedent and the application was predicated on these allegations: (1) that the testatrix was mentally incompetent and…