In re Probate of the Will of Scheu

Decree unanimously modified and as modified affirmed, without costs to any party, and matter remitted to Surrogate’s Court of Erie County for further proceedings in accordance with the following Memorandum: The Surrogate was without authority to deny letters testamentary to the executrix designated in the will and to appoint the residuary beneficiaries as administrators with will annexed without proof that the designee was ineligible under the applicable statute. (Matter of Flood, 236 N. Y. 408). However, the allegations of the objections to appointment as to the exercise of undue influence…