Opinion
January 30, 1950.
Present — Carswell, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ.
In a proceeding for the probate of a will, order of the Surrogate's Court, Westchester County, dismissing objections, unanimously affirmed, with costs, payable by the appellants. (a) The annulment decree is regular on its face and discloses no patent defect as to jurisdiction or otherwise and, therefore, may not be attacked collaterally. ( Shea v. Shea, 270 App. Div. 527, 531, and cases cited therein.) (b) Moreover, the jurisdictional finding of fact in the decision in the annulment action was based on some, although insufficient proof, and, in consequence, the judgment is not void. ( Blakeley v. Calder, 15 N.Y. 617; Howell v. Mills, 56 N.Y. 226, 229; Bolton v. Schriever, 135 N.Y. 65, 71, 72; O'Donoghue v. Boies, 159 N.Y. 87, 99; Jordan v. Van Epps, 85 N.Y. 427, 436; Shea v. Shea, supra.)