In re the Estate of Herle

Wingate, S.

The issue on the present motion is as to the degree of particularization of pleadings which may be required from one petitioning under the provisions of section 143 of the Surrogate’s Court Act, to probate an alleged will as one lost or destroyed. Neither the diligence of counsel nor the independent research of the court has disclosed any precedent in this State in which this question has been decided.

So far as is presently material, the petition, which is made by one claiming to be a legatee under such alleged lost or destroyed will, reads as follows:

“ Upon information and belief…