In re the Estate of Eisenlohr

Wingate, S.

This is an application by a legatee under an alleged prior will of this decedent to vacate the decree of probate made by this court on April 28, 1932. He was not cited in the proceeding and was not entitled to be, since the alleged prior will under which he claims was not filed in this court. (Surr. Ct. Act, § 140; Matter of Bray, Foley, S., 146 Misc. 415, 416.) His application is, accordingly, addressed solely to the discretion of the court.

It is alleged and not denied that at the time of her death the testatrix was engaged in litigation against the present applicant in an effort…