Legal Opinion
In re the Estate of Sperry
New York Surrogate's Court
Decided December 8, 1930PublishedCited by 8 opinions
1Opinion of the Court
Wingate, S.
This is a motion to vacate a subpoena duces tecum served upon the proponent of the will and codicil of Elmer A. Sperry, deceased, in connection with his examination on issues of fraud and undue influence raised by the contestants of the codicil.
Section 316 of the Surrogate’s Court Act provides: “ Except where a contrary intent is expressed in, or plainly implied from the context of this act, a provision of law or of rules, applicable to practice or procedure in the supreme court, applies to surrogates’ courts and to the proceedings therein, so far as they can be applied to the…
2Cases cited18 opinions
- Matter of BarnesNew York Court of Appeals · 1912
- People Ex Rel. Lewis v. . FowlerNew York Court of Appeals · 1920
- In re the Probate of Papers Propounded as the Last Will & Testament & a Codicil thereto of Van NessNew York Surrogate's Court · 1912
- New York City Car Advertising Co. v. E. Regensburg & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1923
- Wertheim v. Continental Ry. & Trust Co.District Court, S.D. New York · 1883
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- United States v. Antonelli Fireworks Co.Court of Appeals for the Second Circuit · 1946
- Lacy v. EstesDistrict Court of Appeal of Florida · 1963
- In re the Estate of Du BrayAppellate Division of the Supreme Court of the State of New York · 1987
- In re the Probate of the Will of BoyleNew York Surrogate's Court · 1954
- In re the Probate of the Will of GoldmanNew York Surrogate's Court · 1956
3 more not listed; retrieve them via the Exa API.