In re the Estate of Lupton

Pierson R. Hildreth, S.

This is a proceeding under section 137 of the Surrogate’s Court Act wherein petitioner seeks the production and filing of certain wills made by decedent prior to the date of a will which has been admitted to probate.

It appears to be conceded that such prior wills are in existence in possession of decedent’s former attorneys; also, it appears that petitioner is a creditor or person interested entitled to bring the proceeding, and has instituted a proceeding in this court to determine her rights.

Petitioner has complied with the prerequisite statutory requirement of…