In Re Proving the Will of Shonts
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 14, 1920, which reversed an order of the New York County Surrogate’s Court vacating a prior order granting temporary letters of administration of the estate of Theodore P. Shonts, deceased, to the respondent herein. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 14, 1920, which reversed an order of the New York County Surrogate’s Court vacating a prior order granting temporary letters of administration of the estate of Theodore P. Shonts, deceased, to the respondent herein. The facts, so far as material, are stated in the opinion. The order appealed from is an order finally determining a special proceeding within the meaning of subdivision 1 of section 190 of the Code of Civil Procedure. (Matter of Tilden, 98 N. Y. 434; Matter of…
1Opinion of the CourtPound, J.
On November 5, 1919, the Surrogate’s Court of New York county made its order granting temporary administration of the estate of Theodore P. Shonts, deceased, to Milla D. .Shonts, his widow. Mrs. Shonts took the oath and filed the required bond but letters were not issued to her. On November 25, 1919, on an order to show cause, the Surrogate’s Court vacated and annulled the order of November 5, reciting in its order, among other matters, that the first order “ was made under the mistaken assumption by this court that ’ said Theodore P. Shonts died intestate,” and granted temporary…
2Cases cited3 opinions
- In Re Proving the Will of LelandNew York Court of Appeals · 1916
- Larkin v. New York Telephone Co.New York Court of Appeals · 1917
- In Re Temporary Letters of Administration of the Estate of HillNew York Court of Appeals · 1915
3Cited by30 opinions
- In Re the Accounting of ClareNew York Court of Appeals · 1929
- In re the Estate of CurleyNew York Surrogate's Court · 1934
- Raysor v. GabbeyAppellate Division of the Supreme Court of the State of New York · 1977
- In Re the Estate of CornellNew York Court of Appeals · 1935
- In re for Letters of Administration on the Goods, Chattels & Credits of HamiltonAppellate Division of the Supreme Court of the State of New York · 1927
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