Order reversed on the law, without costs, and the matter remitted for consideration on the merits and the entry of decree.
The grandnieces are neither necessary nor proper parties to the probate of this will. (Surrogate's Ct. Act, §§ 140, 147; Decedent Estate Law, § 83, subd. 4.) Although under sections 140 and 147 of the Surrogate's Court Act the Surrogate possesses the power to join any person as a proper party if it be shown that there is a fair...
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