In re the Probate of the Will of Irvin

S. Samuel Di Falco, S.

The contestants were cited in this probate proceeding because they were named as beneficiaries in two other wills of the same testator on file in this court (Surrogate’s Ct. Act, § 140). The will offered for probate consists of an instrument dated October 13, 1950 and two codicils executed in 1955 and 1956, respectively. The contestants were named beneficiaries in a will dated March 11, 1925 and in one dated January 14,1931. Between 1931 and 1950, the decedent executed three other wills. The contestants are not mentioned in any will after 1931. Proponents move to dismiss…