Appellate Division of the Supreme Court of the State of New York June 14, 1907 (In re Dittrich)

Hooker, J.:

The appellant’s coexecutor applied by petition to the Surrogate’s Court for her removal (Code Civ. Pfoc. § 2685), and presented a voluminous affidavit which accompanied the petition as required by section 2686 of the Code. The surrogate, -upon this preliminary hearing, being satisfied of' the truth of the allegations of the petition, issued a citation according to the prayer.thereof.