In re Proving the Last Will & Testament of Verner

Kelly, P. J.:

The verified petition alleged that the appellant was a child of the testator, that she had not been cited to attend or notified of the probate - proceeding. We think it was the duty of the surrogate to issue the supplemental citation (Surrogate’s Court Act, § 20), and that the question of her interest in the estate should be determined in the proceeding. As it is, the petitioner has been denied the right -to appear in the proceeding, on a motion, without a full and orderly hearing, and without any findings or decision as to her status. “ When a surrogate can see from the moving…