20 N.Y.S. 73 | N.Y. Sur. Ct. | 1890
Before the enactment of the present Code, it had been held that the Surrogate had, among his incidental powers that of setting aside and vacating a decree admitting a will to probate, on the discovery of a will of later date, but the mode of procedure to reach such a result, was not then, nor is it under the present Code, very distinct, nor am I aware of any settled practice upon the subject now
If the order prayed for were granted as suggested, then the usual proceedings would be had to prove the later will. If successful, it would, as above stated, operate to make the order of revocation final; if, on the contrary, it failed, the original decree would remain of full force.