MATTER OF ESTATE OF NELSON


447 A.2d 438 (1982)

In the Matter of The ESTATE OF Irene NELSON, Deceased.

Court of Chancery of Delaware, New Castle County.

Decided March 24, 1982.


Attorney(s) appearing for the Case

James T. McKinstry, and Helen L. Winslow, of Richards, Layton & Finger, Wilmington, for petitioner.

Walter L. Pepperman, II, and Francis J. Murphy, of Morris, Nichols, Arsht & Tunnell, Wilmington, for respondents Dr. Russell Emory, Louise Emory, and Dr. Robert Nelson Emory.


BROWN, Vice Chancellor.

This is a will contest proceeding, having been commenced by a petition to review the will of the decedent pursuant to the authority of 12 Del.C. § 1309. The respondent executor has moved for summary judgment, contending on the undisputed facts of record that the petition for review was not timely filed. The key to the matter involves a question of first impression under our law, namely, how is a self-proved will admitted to probate...

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