In re the Estate of Manley

Joseph A. Cox, S.

This is a proceeding brought by an executor named in a prior will and a distributee, the decedent’s nephew, to vacate and set aside a decree which granted letters testamentary to the decedent’s widow and admitted to probate a will allegedly executed by the decedent on July 11, 1960. The decedent died on September 7, 1960 and the petition for probate of the 1960 will was filed in this court on September 8, 1960 at which time the prior will was not on file in this court. Under these circumstances the executor named in the prior will, who is not a distributee, is not a necessary…