Order affirmed, without costs.
The motion to vacate was made on the ground that at the time of her execution (on July 31, 1945) of a waiver of citation in said proceeding, the said Cecile V. Tolstoi was of unsound mind. In our opinion, the committee failed to sustain the burden of proof to show, within the meaning of the statute (Surrogate's Ct. Act, § 64), that said Cecile V. Tolstoi, now an adjudicated incompetent, was mentally incapable adequately to protect...
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