In re the Probate of the Will of Stacer

Order unanimously reversed, with $10 costs and disbursements payable out of the estate and matter remitted to the Surrogate’s Court for further proceedings in accordance with the memorándum. Memorandum: Consolidation of the probate proceedings before the Surrogate would result in unnecessary litigation. The validity of the last codicil should be first determined in accordance with the practice in Surrogate’s Courts to deal first with the proceedings relating to the instrument latest in time of execution and to dispose finally of all issues relating thereto before litigation over a prior…