In re the Estate of Frutiger

John M. Keane, S.

This is a motion made by the petitioner for probate (the executor named in the will) to dismiss objec*164tions to probate filed by two brothers who were the only distributees of the decedent, on the ground that they had consented to the probate by executing waivers of the issuance of citation and consents to probate. This motion is the more unusual because the objections were filed on June 28, 1968 and the waivers of the issuance of citation and consents to probate were not filed until March 18, 1969. The consent to probate was contained in the form used in this court for the…