In re the Probate of the Will of Baum

John D. Bennett, S.

The petitioner moves “ for an order striking from the objections item ‘ 4 ’ and all matters therein alleging undue influence and fraud ’ ’. The notice of motion does not comply with the requirements of section 280 of the Civil Practice Act nor does it state whether the application for relief is sought pursuant to rules 109 or 112 of the Rules of Civil Practice. However, whether considered as a motion brought pursuant to either or both of these rules, the motion must be denied. The objection attacked reads as follows: ‘ ‘ That the said paper offered for probate was not…