In re the Probate of the Will of Donahue

Collins, S.

The contestant in a probate proceeding appealed

from the decree admitting the will to probate by due and timely service of a notice of appeal upon the clerk of this court and the attorney for the proponent. The notice of appeal was neither addressed to the special guardian of infant legatees nor served upon him. The contestant now moves under section 107 of the Civil Practice Act and section 297 of the Surrogate’s Court Act for permission to serve an amended notice of appeal upon the special guardian and the attorney for the proponent. The proposed amendment is to consist merely of…