In re Proving the Last Will of Haynes
New York Surrogate's Court
Motion to vacate the general orders of the surrogates of this county designating a person in this-proceeding to receive citation and appointing such person as special guardian in this proceeding of the alleged incompetent daughter of testatrix; and also to strike out of the said petition for probate an allegation to tht effect that such daughter, he only heir at law an6 next of kin of testatrix, “ is mentally incompetent to protect her rights, although not judicially…
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Motion to vacate the general orders of the surrogates of this county designating a person in this-proceeding to receive citation and appointing such person as special guardian in this proceeding of the alleged incompetent daughter of testatrix; and also to strike out of the said petition for probate an allegation to tht effect that such daughter, he only heir at law an6 next of kin of testatrix, “ is mentally incompetent to protect her rights, although not judicially declared to be incompetent to manage her affairs.”
1Opinion of the Court
Fowler, S.
This motion is of grave importance, as it goes to the surrogate’s jurisdiction of a common proceeding in this court pursuant to the Code of Civil Procedure. When pro ponent of a will has reason to believe that a party cntiCcd to be cited is incompetent a resort to the method pursued here is common practice in this court. In this proceeding the daughter of testatrix thus alleged to be incompetent now comes into court and traverses the aforesaid allegation of the proponent’s petition, and by affidavits supporting the traverse presents a serious question of fact for my determination.…
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