In re the Estate of Grubert
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a probate proceeding, the objectant appeals, as limited by her brief, from so much of an order of the Surrogate’s Court, Suffolk County (Copertino, S.), entered August 13, 1986, as denied her motion for summary judgment disallowing probate of the will.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
Although an objectant in a proceeding in the Surrogate’s Court may invoke the provisions for summary judgment (Matter of Pascal, 309 NY 108), the granting of such relief is rare (Matter of Rounds, 47 Misc 2d 877). We find that a question of fact…
2Cases cited5 opinions
- In re the Probate of the Will of PascalNew York Court of Appeals · 1955
- In re the Probate of the Last Will & Testament of KearneyAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Estate of HelgesenNew York Surrogate's Court · 1975
- In re the Estate of RoundsNew York Surrogate's Court · 1965
- In re Proving the Last Will & Testament of BitzerNew York Surrogate's Court · 1924
3Cited by2 opinions
- In re the Estate of GreeneAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of ChristieAppellate Division of the Supreme Court of the State of New York · 2019