In re Will of Franks

Devin and Seawell, JJ.,

considering tbe petition to rehear. Tbe petitioners filed with their petition to rehear the affidavits of two-persons who bad testified at tbe trial tending to show facts in material respects different from their testimony as it appears in the record of the-case on appeal. Tbe affidavits relate to tbe attestation of tbe paper writing propounded as tbe will of tbe decedent. Upon these affidavits; two members of tbe bar have filed certificates under Pule 44 (2) in-support of tbe petition to rehear, basing their action on tbe suggestion-that if petitioners be given…