In re the Estate of Schalkenbach

Foley, S.

The immediate application here is made by two life tenants of trusts created by the will of the testator. They are his brother and sister. They seek to open their default in failing to file objections in a pending accounting proceeding brought on by the trustees of the various trusts created by the will. The applicants were in default for a period of over one year. Entirely aside from the showing of any adequate reason for opening the default, the surrogate has considered upon the merits the questions raised by the moving parties as to the rights enforcible by them if the proposed…