In re the Estate of Tooker

After admission of the testator’s will to probate the appellant applied to the Surrogate’s Court for an order vacating and setting aside the decree, revoking letters testamentary and granting leave to her to revoke and withdraw her waiver of citation and consent to probate. This appeal is from the order denying the application. The Acting Surrogate found that there was no fraud either actual or constructive practiced on the appellant and we agree. “ In the absence of fraud, misrepresentation or other misconduct, a petitioner seeking to open a decree admitting a will to probate must show facts…