In Re Estate of Gingolph

MR. PRESIDING JUSTICE DRUCKER

delivered the opinion of the court.

This action arose out of a petition filed on August 4, 1967, by appellant, Benjamin Gingold, seeking to vacate an order declaring appellee, Jerry Gingolph, the only heir at law and next of kin of Rachel Gingolph. The order declaring heirship and letters of administration were obtained by appellee on February 10, 1967, after a hearing at which he was the only witness. On August 4, 1967, appellant filed a petition to vacate the order declaring heirship and for other relief. On that date appellee made an oral motion for a surety…