In re the Estate of Atkinson

Conlon, J. 0. C.

The moving papers are improperly entitled, and the “plaintiffs” improperly appear in response to the motion. This is not an appeal from the judgment of the surrogate in probating the will. All proceedings-should be entitled as above and the proper parties are any petitioner who seeks a review on the one hand and the duly ap*589pointed executors on the other. If an order to show cause is issued on the motion as provided in Buie 5 :3-4 all persons who may be interested must be notified and given the opportunity to intervene. The respondents to this motion mistakenly conceive that…