Legal Opinion
In re the Estate of Christie
New York Surrogate's Court
Decided April 29, 1938PublishedCited by 4 opinions
1Opinion of the Court
Wingate, S.
No rule of adjective law is of more constant application in Surrogates’ Courts than that contained in section 347 of the Civil Practice Act which renders an interested witness incompetent to testify in certain enumerated situations in respect of personal transactions with a decedent. In view of this fact, the widespread unfamiliarity of a large proportion of the bar with the proper interpretation and effect of this vitally important tool in probate litigation is rendered the more unfortunate. The present litigation furnishes an excellent example of this condition.
As disclosed by…
2Cases cited41 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- In Re the Estate of FindlayNew York Court of Appeals · 1930
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Ward v. New York Life InsuranceNew York Court of Appeals · 1919
- Hobart v. . HobartNew York Court of Appeals · 1875
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3Cited by4 opinions
- In re the Estate of RoesslerNew York Surrogate's Court · 1939
- People ex rel. Blake v. ChargerNew York City Family Court · 1974
- Tepper v. TannenbaumNew York Supreme Court · 1976
- In re the Estate DashnauNew York Surrogate's Court · 1948