A legatee named in a previous, unfiled will has filed a petition to vacate a decree of this court dated September 8, 1955 admitting to probate as the last will and testament of testator an instrument dated September 22, 1954. The application is not one to vacate a default, as petitioner was not cited in the probate proceeding and was not required to be cited under section 140 of the Surrogate...
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