In re the Estate of Cohen

Wingate, S.

Petitioners have propounded for probate as the last will and testament of decedent an instrument dated December 16, 1933. A notice of appearance has been filed by Clara Starr, a legatee under an alleged prior will of October 24, 1933, and a *99notice of appearance and objections to probate by Samuel Avidon, an executor thereunder. The motion by petitioners is to strike out these appearances and objections, on the ground that neither of the aforementioned parties is entitled under section 147 of the Surrogate’s Court Act to file objections to the present probate; specifically, in that…