In re the Estate of Work
New York Surrogate's Court
Petition to compel the production of alleged testamentary instruments.
1Opinion of the Court
Fowler, S.
On the return of a citation, issued pursuant to section 2661a, Code of Civil Procedure, and heard on a peti*259tion to compel the production of alleged testamentary instruments, the persons cited appear by counsel and insist orally, first, that the petition is insufficient on its face, and that the proceedings should be dismissed, and second, that the statute in question is unconstitutional. This position of the respondents is not a demurrer. No such pleading as a demurrer is known to the practice in this court (Redfield’s Pr. Surr. Court, § 87) ; the recognized pleadings in the courts…
2Cases cited10 opinions
- Matter of Petition of CampNew York Court of Appeals · 1891
- Anderson v. . AndersonNew York Court of Appeals · 1889
- Harrison v. . ClarkNew York Court of Appeals · 1882
- Stiles v. BurchNew York Court of Chancery · 1835
- Heyer v. BurgerNew York Court of Chancery · 1839
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re the Estate of CroninNew York Surrogate's Court · 1932
- In re Proving Several Papers as Last Wills & Testaments of MartinNew York Surrogate's Court · 1913
- In re the Estate of WorkAppellate Division of the Supreme Court of the State of New York · 1912
- In re Proving the Paper Alleged to be the Last Will & Testament of SwartzNew York Surrogate's Court · 1913
- In re the Estate of UngerNew York Surrogate's Court · 1939
2 more not listed; retrieve them via the Exa API.