Opinion
January 14, 1943.
Present — Cunningham, Taylor, Dowling, Harris and McCurn, JJ.
Order reversed on the law without costs of this appeal to any party and motion to dismiss objections denied without costs. Memorandum: From the record before us (including the three exhibits handed up on argument) we find that on the application to dismiss the objections, the court below did not have before it the proceedings in the Florida court on the probate of the so-called codicil and the determination of that court in such matter. Such proof was necessary before the court below could pass on the issues raised by the objections and decide whether or not the objectant should be relieved from the waiver. Therefore the application to dismiss the objections should have been denied. All concur. (The order dismisses and overrules the objections filed to the accounts of the administrator.)