In re the Probate of the Alleged Last Will & Testament & Codicil Thereto of Roberts

The releases and agreements which the contestant executed in connection with the transfer of decedent’s real property fall far short of constituting an estoppel in pais, and do not prevent her from interposing the objections which she has filed to the probate of decedent’s will. Neither can we say on the affidavits before us that the objections which have been stricken out by the surrogate are false and sham. Mr. Whitney would be incompetent, under section 347 of the Civil Practice Act, to testify on a trial *379as to many of the facts which he sets forth in his affidavit. On a motion of this…