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In re the Opening of the Probate of the Will & Codicil of Elias

222 A.D. 728 Court N.Y. App. Div. English

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p. 728
In the Matter of the Application for the Opening of the Probate of the Will and Codicil of Henry F. Elias, Deceased.

Orders reversed, with ten dollars costs and disbursements, and motion to vacate decree denied, with ten dollars costs. The contestants have not shown facts sufficient to afford a substantial basis for contesting the will and that reasonable probability of success to justify the opening of a decree admitting a will to probate. (Matter of Leslie, 175 App. Div. 108 , 112.) Certain inferences upon which respondents rely either have been shown not to exist or have been satisfactorily explained. Present — Finch, Merrell, McAvoy and Proskauer, JJ.