In re the Probate of the Last Will & Testament of Walker

Brown, S.

The probate of the will of decedent is before us. The will of the decedent was heretofore probated by the Hon. George A. Benton, surrogate of this county, upon the failure of the decedent’s husband, the contestant herein, to appear upon the return day of the citation, although he had filed an answer objecting to the probate of the will. Subsequently, upon making excuse for his failure to appear, ” the present surrogate *123opened the decree admitting the will to probate and heard the proofs and allegations of the respective parties.

The first objection is that this court has not…