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THE CHRISTIAN ORPHAN HOME, a religious corporation of the State of NewJersey, complainant-appellant, v. GUARANTY TRUST COMPANY OF NEW YORK, acorporation, executor, et al., defendants-respondents.

1. The surrogate having admitted the will here in question to probate it follows that he necessarily determined that no doubts arose on the face of the will. The will must therefore stand as probated and hence, with certain words stricken out and certain interlineations made, there is no ambiguity.

2. The decree of a surrogate admitting a will to probate is not subject to collateral attack except for fraud or want of jurisdiction. If the change in one of the clauses of the will was made after execution, it should have been determined by a proper proceeding before the orphans court.

PER CURIAM.

We agree with the conclusions determined in the court of chancery. The decree below will be affirmed.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, CASE, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, COLE, JJ. 12.

For reversal — None.

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CHRISTIAN ORPHAN HOME v. GUARANTY TRUST CO
(Jan 22, 1937)