In re the Probate of the Will of Vieillard

As much of the proponent’s application is granted as seeks a preliminary hearing to determine the status of the contestants who were named as beneficiaries in a prior will executed by the decedent on February 5, 1957. The decedent’s signature on this instrument, as submitted, has a red line drawn through it (see Matter of Dicks, 267 App. Div. 117 ; Matter of Fehringer, 183 Misc. 438 ). The facts presented in Matter of Aims ( 199 Misc. 185 ); Matter of Aspenleiter ( 187 Misc. 167 ); Matter of Cohen ( 151 Misc. 98 ); Matter of Hendrickson ( 99 N. Y. S. 2d 664 ); Matter of Irvin (N. Y. L. J., May 15, 1958, p. 7, col. 5) render them inapplicable here.

The motion to dismiss will be held in abeyance pending a determination of the issue of revocation of the prior will.