Burweel v. Shaw

The Surrogate.

After probate, and before letters testamentary were issued, Sheldon Burwell filed an affidavit, stating that he was a creditor of the testator, and intended *323to present objections against the granting of letters. The executrix named in the will, now applies for an order to compel the alleged creditor to state the grounds of his claim, averring ignorance of his demand and belief that he has intervened for the purpose of delay. The statute authorises a creditor to file an affidavit of intention to oppose the grant of letters ; but whether the objector is a creditor, is the subject…