In re Last Will & Testament of Evans
Appellate Division of the Supreme Court of the State of New York
Appeal by «David Keane, a person interested in the estate of Thomas W. Evans, deceased, from an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 16th day of January, 1901, granting a motion made by Horace S. Ely, the proponent of the will of Thomas W. Evans, deceased, overruling objections filed to the probate of said instrument.
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Appeal by «David Keane, a person interested in the estate of Thomas W. Evans, deceased, from an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 16th day of January, 1901, granting a motion made by Horace S. Ely, the proponent of the will of Thomas W. Evans, deceased, overruling objections filed to the probate of said instrument. Dr, Thomas W. Evans, an American dentist, died in Paris, November 14, 1897, leaving a large estate situated in France, Pennsylvania and New York, the greater part consisting of real property in the city of Paris. At…
1Opinion of the Court
O’Brien, J.:
The ground upon which Mr. Keane opposed the motion to discontinue the contest against the probate of the will was that he was-a party in interest by virtue of the agreements he had made with his clients, under which he secured a definite portion of their respective shares in the estate, which was something more than his-right's as attorney of record, and was in addition to the attorney’s. *505lien by virtue of section 66 of the Code of Civil Procedure: and that the discontinuance sought, containing no provision for his protection, was a fraud on him and upon his clients. That he had…
2Cases cited8 opinions
- Peri v. New York Central & Hudson River RailroadNew York Court of Appeals · 1897
- Sanders v. . SoutterNew York Court of Appeals · 1891
- Lee v. Vacuum Oil Co.New York Court of Appeals · 1891
- Poole v. . BelchaNew York Court of Appeals · 1892
- Pilkington v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re EvansAppellate Division of the Supreme Court of the State of New York · 1901
- In re the Executors of the Estate of BeckettNew York Surrogate's Court · 1920
- In re Evans' WillAppellate Division of the Supreme Court of the State of New York · 1901
- In re SuddsAppellate Division of the Supreme Court of the State of New York · 1902
- Levy v. HirschbergCity of New York Municipal Court · 1914
1 more not listed; retrieve them via the Exa API.