In re the Probate of the Will of Dicks

The will of decedent being offered for probate, Nathan Eelin intervenes and contests probate on the ground that the alleged will was induced by fraud. Mr. Eelin is not an heir of the testator; the only interest he claims to have arises from the fact that he is a devisee named in another will made by testator and ante-dating the will here offered for probate.

The executrix appeals from an order made by Surrogate’s Court, denying her motion first to try, separately, the issue of Mr. Eelin’s status as an interested party. Apparently it is conceded that the will in which Mr. Eelin is interested…