In re the Probate of the Will of Hawley

This is an appeal by testatrix’ husband from an order of the Fulton County Surrogate dismissing, after a hearing, his petition to withdraw a waiver of citation and consent to probate.

Appellant’s wife died on May 9, 1957. The waiver in question was signed and acknowledged by him about three weeks later. The will involved was executed by testatrix in September, 1956. Stanley M. Moffat decedent’s attorney, who drew the will, was the recipient of a $5,000 bequest and was also named executor and trustee of a trust, the principal of which was bequeathed to him upon the death of the appellant, who…