In re the Estate of Aims

Collins, S.

The residuary legatee under the propounded will moves to strike out the answer and objections of respondents Eunice H. Thompson, Mary D. H. Thompson and Elizabeth H. Woodward. These respondents are not distributees of the testator. They have appeared on the basis of an allegation in their answer that they are named as legatees in a will which antedated the propounded instrument and which has not been duly revoked. The prior will has not been produced. The moving party has submitted an affidavit of a witness wherein it is stated that the prior will was intentionally destroyed by the…