New York Surrogate's Court October 15, 1888 (In re Bonnett's Will)

Coffin, S.

The learned counsel opposing this application first took the ground that, as the petitioner had opposed the original probate on substantially the sam'e grounds as those alleged in his petition in this matter, the prayer should be denied, and the proceeding dismissed, citing as an authority *460the ease of In re Gouraud, 28 Hun, 560; but, finding that the court of appeals, in 95 N. Y.