In re Evans
Appellate Division of the Supreme Court of the State of New York
Appeal by David Keane from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 27th day of February, 1901, admitting to probate a paper purporting to be the last will and testament of Thomas W. Evans, deceased, and also from an intermediate order entered in said Surrogate’s Court on the 4th day of February, 1901, denying the application of the said David Keane for leave to intervene in the proceeding and file objections to…
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Appeal by David Keane from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 27th day of February, 1901, admitting to probate a paper purporting to be the last will and testament of Thomas W. Evans, deceased, and also from an intermediate order entered in said Surrogate’s Court on the 4th day of February, 1901, denying the application of the said David Keane for leave to intervene in the proceeding and file objections to the probate.
1Opinion of the Court
O’Brien, J.:
The essential facts underlying the questions urged upon this appeal were presented and discussed in the opinion in Matter of Evans (58 App. Div. 502). The agreements therein referred to, and which form the basis of all the appellant’s claims, are two nearlv identical instruments, one made with Thomas B. Enos and the other with Juliette C. Henderson and John R. Enos.
These persons, after the agreements were made, and, as it appears, unknown to Mr. Keane, joined with others interested in the estate in an agreement of compromise by the terms of which the objections which had been…
2Cases cited1 opinion
- In re Last Will & Testament of EvansAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- Allen v. PughSupreme Court of Alabama · 1921
- Spellman v. Bankers' Trust Co.Court of Appeals for the Second Circuit · 1925
- Vanden Berg v. Vos VercadeMichigan Supreme Court · 1919
- In re SuddsAppellate Division of the Supreme Court of the State of New York · 1902