Appellate Division of the Supreme Court of the State of New York November 27, 1908 (In re the Estate of Hasselbrook)

Jenks, J.:

The decree for probate should have stated whether probate was contested. (Code Civ. Proc. § 2623.) But the decree is not in this record,, and all that appears therein is that there was probate. The case then is not complicated by the fact that the petitioner appeared by special guardian at the probate, inasmuch as mere probate is conclusive only as to formal validity. (Jessup Surr.