In re the Estate of Teller

Order reversed on the law with $10 costs and disbursements and motion denied, with $10 costs, with leave to the respondent to answer within twenty days after service of a copy of the order herein with notice of entry thereof, upon payment of the costs of the motion and of this appeal. Memorandum: For the purposes of the motion to dismiss the petition as insufficient, the allegations of fact contained therein are deemed to be true. Viewed in that light, the petition alleges facts sufficient to invoke the power of the Surrogate’s Court under subdivision 6 of section 20 of the the Surrogate’s…