MATTER OF MARTIN


14 Misc.2d 266 (1944)

In the Matter of The Estate of William V. Martin, Deceased.

Surrogate's Court, New York County.

August 15, 1944.


Attorney(s) appearing for the Case

Herbert C. Smyth, Jr., for Josephine A. Martin, proponent.

Thomas Turner Cooke for Ruth S. J. Anthony, petitioner.

Grace Kelly Santo, as special guardian for William E. Martin, infant distributee.


JAMES A. FOLEY, S.

In this probate proceeding, the petitioner, Ruth S. J. Anthony, a niece and one of the next of kin of the testator, applied for the confirmation of the withdrawal of her waiver of citation and for leave to file objections to probate.

The so-called withdrawal of the waiver was attempted to be filed in the form of an acknowledged instrument. It was duly rejected because of the lack of any authority for such procedure. A person...

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