In re the Will of Laytin

Arnold, S.

This is an application on the part of the surviving executor of the will to dismiss a proceeding for revocation of the probate thereof.

The petitioners in the latter proceeding filed their petition on the last day allowed for that purpose by section 2648. of the ■Code, and certain persons, and corporations were therein stated •to be legatees named in the will, and a citation to such parties and to the surviving executor of the deceased, as required by section 2649 of the Code, was accordingly issued, and served upon several of them. Three of the persons so named in the ■citation had,…