29 N.Y.S. 981 | N.Y. Sup. Ct. | 1894
The precise question here is whether, under section 2653a
VAN BRUNT, P. J., concurs.
Under section 2653a, I think an action can be maintained to set aside or to establish the probate of a will. Otherwise I concur.
Section 2653a is as follows: Any person interested in a will or codicil admitted to probate in this state, as provided by the Code of Civil Procedure, may cause the validity of the probate thereof to be determined in an. action in the supreme court of the county in which such probate was had.