In re the Estate of Carney

John J. Curran, S.

This is an application by the sole distributee of the late William E. Carney, deceased, to open the probate proceedings so as to permit him to file objections to the probate of decedent’s will. On this application the executors were made parties but no notice was given to the beneficiaries under decedent’s will.

William E. Carney died on September 2,1960, and was buried three days later. It is alleged in the moving papers that on the day of the funeral the petitioner was approached by one of the proponents of the will, an attorney, who submitted a waiver of citation for his…