In re Proving the Last Will & Testament of Dooper

Schulz, S.:

Notices on behalf of some of the respondents who are contesting the probate of the last will and testament of the decedent were served upon the attorneys .for the proponent, requiring three persons and one corporation whose names are in the will to appear and be examined as adverse parties.

Upon the day fixed for such examination the attorneys for the proponent requested an adjournment which was granted. Subsequently they made a motion to vacate such notices. It is now urged that by reason of the adjournment the notices in question may not be vacated. (Sutphin Realty Co. v. Breinig,…