In re Thorpe

Petitioner, the committee of an incompetent, prays for an order of this court directing the clerk of the Surrogate’s Court of this county to deliver to petitioner a purported will filed with the said respondent. Costs and disbursements of this proceeding are sought against named attorneys. There is no allegation in the petition that any demand was made upon the clerk of the Surrogate’s Court for delivery of the instrument or any refusal by him so to deliver it. The relief prayed for against the clerk of the Surrogate’s Court directing him, in his official capacity, to perform an act within…