In re Proving the Last Will & Testament of Hunt

Majority

p. 883

Second Department,

June, 1907.

In the Matter of Proving the Last Will and Testament of Hester Hunt, Deceased. Jesse B. Mabee, Appellant; Nicholas Mabee and Others, Respondents.

Headnote

Party — appeal in action to probate will held to bring in necessary parties under section 2573 of the Code of Omit Procedure. .. .

Appeal by Jesse B- Mabee from a decree of the surrogate of the county of Orange, entered in his office on the 2d day of July, 1906.

This is an appeal by the executor, and proponent of á will from the decree of the surrogate refusing probate. The only persons against whom the appeal is taken are the infants represented by the special guardian. As there are other parties and. persons who, within the purview of section 2573 of the Code of Civil Procedure, must be made parties to the appeal, they should be brought in by order of this court (Ibid). When this is done this court, having held the appeal meanwhile, will consider-the merits thereof. Jenks, Hooker, Gnynor, Rich and Miller, Jj., conchrred. See opinion per curiam.