The Law And Practice in the Surrogates' Courts in the State of New York : Being a Consolidation of the Fifth Edition of Jessup's Surrogate Practice With the Seventh Edition of Redfield's Surrogate Practice, And Also a Commentary Chiefly On Chapter Xviii O
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There are thus two cases which arise under this, section. («) Prohat^fi of a, will of a supposed intestate upon whose esta,te letters of administration have heretofore been granted. (b) The admission to probate of a will later than the one under which letters testanientary ha,d been granted. Fomier § 2654 included also cases of revocation of probate. The special proceeding to that end having been abolished we note merely that a decree under which letter^ issue may be reversed on appeal, or vaca...ted for fraud, etc., and thus present a third supposable case for the end of validity of the letters. Undfir this § 2624 the Surrogate's action in revoking the letters of ad- ministration or testamentary, as the case may be, is not discretionary but is necessarily incidental to his making the decree granting or revoking pro- bate. The directions of the section are mandatory, and the courts will assume that a decree granting or revoking probate in a case covered by the section obeys the law and revokes all former letters.
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