It is not now disputed, and the Surrogate has found, that petitioner is the brother of the decedent and that in the proceedings for the probate of her will no citation was served on him and he did not appear. The testatrix' husband, whose application led to the probate of her will, acted in good faith in not citing petitioner because he did not know the fact that petitioner was his wife's brother. The Surrogate has refused to open the probate proceeding because he was of...
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