Legal Opinion

In re Proving the Last Will & Testament of Eno

New York Surrogate's Court

Decided February 15, 1916PublishedCited by 4 opinions

Motion for an order transferring the issues in a contested, probate proceeding to a Trial Term of the Supreme Court pursuant to section 2538, Code of Civil Procedure.

1Opinion of the Court

Fowler, S.—

This is a motion addressed to the surrogate, sitting at this February Trial Term of the Surrogates’ Court, for an order transferring the issues in a contested probate proceeding* to a Trial Term of the Supreme Court of the State, pursuant to section 2538, Code of Civil Procedure. It appears that the usual interlocutory order for trial by jury of stated issues of fact in this proceeding pursuant to rule VII of this court has already been made by my honorable colleague sitting at chambers on the 17th day of December, 1915. I observe' that this order was, however, made after I had…

2Cases cited1 opinion

  1. In re Proving Several Papers as Last Wills & Testaments of MartinNew York Surrogate's Court · 1913

3Cited by4 opinions

  1. In re probate of the last will of BarneyNew Jersey Superior Court Appellate Division · 1923
  2. In re Proving the Last Will & Testament of DorseyNew York Surrogate's Court · 1916
  3. In re Proving the Last Will & Testament of VetterNew York Surrogate's Court · 1916
  4. In re the Estate of HohNew York Surrogate's Court · 1933

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