In re the Probate of Will of Sturges

John D. Bennett, S.

By order to show cause the petitioners, D. Augustus Carey and Catherine Carey, move to withdraw their waivers of citation and consent to the probate of the propounded instrument. The proponent seeks to dismiss the applications as a matter of law on the ground that the petitions do not contain any legal grounds for the relief requested.

Catherine Carey admits signing the waiver of citation, but says that she would not have if she then knew that at the time the instrument offered for probate was executed, the decedent was under the control of the beneficiaries named in such…