In re the Probate of the Will of Hinderson

Samuel Faile, S.

A legatee named in a previous, unfiled will has filed a petition to vacate a decree of this court dated September 8,1955 admitting to probate as the last will and testament of testator an instrument dated September 22, 1954. The application is not one to vacate a default, as petitioner was not cited in the probate proceeding and was not required to be cited under section 140 of the Surrogate’s Court Act as the earlier will was not filed in this office until after the later will had been admitted to probate.

The testator died on August 31,1955. His will was admitted to probate…