In re the Probate of the Contested Will of Johnson

Varnum, S.

This case was tried before Mr. Surrogate Arnold, but no decision was rendered by him before his retirement from office. Subsequently a motion was made, of which all persons having any interests, had due notice, by which the matter was brought before me, as Judge Arnold’s successor, to complete the trial as unfinished business pending before my predecessor, in accordance with the practice suggested in the Matter of Lawrence, 27 Misc. Rep. 473. This motion was opposed by the counsel for contestants, who insisted that the case should be tried before me de novo. After hearing long and…