In re McManus

Fitts, S.—

This is ia mtotion made by the personal representative of the' estate of John J. Harrigan, deceased, under subdivision 6 of section 2481 of the Code of Civil Procedure, to open the decree heretofore entered herein and for a new hearing upon two' of the issues litigated in this proceeding. The authority, subdivision 6 of section 2481 of the Code of Civil Procedure, under which it is claimed this court has the power to grant the desired relief, is as follows:

“ Section 2481. A surrogate, in court or out of court, as the case requires, has power . . . Subdivision 6. To open, vacate,…