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MATTER OF FOULDS

13 A.D.2d 16 (1961)

In the Matter of the Probate of The Will of Helen E. Foulds, Deceased. Jane B. Brogan et al., Appellants; New York Trust Company et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 28, 1961.

Attorney(s) appearing for the Case

Joseph T. Arenson, Samuel E. Harwitz, Samuel Lawrence Brennglass, Waldemar J. Dittmar and Homer I. Harris for appellants.

Shearman & Sterling & Wright (Robert M. Feeley, Henry B. Guthrie and George W. Foley of counsel), for New York Trust Company, respondent.

Lord, Day & Lord (Sherman Baldwin, William H. West, Jr., Saul L. Sherman and Anne Sidamon-Eristoff of counsel), for Metropolitan Museum of Art, respondent.

Frederick G. Bascom for First National Bank of Glens Falls and others, respondents.

Frank Hurley for Glens Falls Cemetery Commission, respondent.

BERGAN, P. J., COON, GIBSON and HERLIHY, JJ., concur.

REYNOLDS, J.

This is an appeal from an order of the Surrogate of Warren County, dated February 4, 1960, denying appellants' application to vacate the decree of said court dated March 10, 1959, which admitted to probate as the last will and testament of Helen E. Foulds, four writings — a will dated March 11, 1938 and three codicils dated respectively April 28, 1941, April 8, 1943 and May 12, 1949.

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