In re Proving the Last Will & Testament of Hermann
Appellate Division of the Supreme Court of the State of New York
Separate appeals by Kate Ludwig and another from a decree of the Surrogate’s Court of the county of Queens, entered in the office of said Surrogate’s Court on the 23d day of May, 1916, denying probate to the instrument dated the 10th day of July, 1914, and offered as the last will and testament of Mary Hermann, deceased.
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Separate appeals by Kate Ludwig and another from a decree of the Surrogate’s Court of the county of Queens, entered in the office of said Surrogate’s Court on the 23d day of May, 1916, denying probate to the instrument dated the 10th day of July, 1914, and offered as the last will and testament of Mary Hermann, deceased. Also appeals by said parties from a decree entered in the office of said Surrogate’s Court on the 11th day of July, 1916, admitting to probate an instrument dated the 20th day of September, 1895, as the last will and testament of Mary Hermann, deceased, with notice of a…
1Opinion of the Court
Rich, J.:
The conclusions of the learned surrogate are based upon the provisions of section 2510 of the Code of Civil Procedure. In his opinion assuming jurisdiction, he sayd: “ I am convinced that under section 2510 the surrogate has full power to determine all legal and equitable questions submitted to it regarding the probate of wills. Section 2510 provides that the surrogate has full, complete and equitable power and subdivision 1 further states ‘ to. admit wills to probate.’ Section 2614 provides that before admitting a will to probate, the surrogate must inquire particularly into all the…
2Cases cited7 opinions
- Rastetter v. . HoenningerNew York Court of Appeals · 1915
- In Re the Several Accountings of the Executors of TildenNew York Court of Appeals · 1885
- In Re the Accountings of HawleyNew York Court of Appeals · 1885
- In re the Final Judicial Settlement of the Account of HolzworthAppellate Division of the Supreme Court of the State of New York · 1915
- In Re the Accounting of HolzworthNew York Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Hermann v. LudwigAppellate Division of the Supreme Court of the State of New York · 1919
- In Re the Estate of HeinzeNew York Court of Appeals · 1918
- In re the Estate of SielckenNew York Surrogate's Court · 1937
- In re the Estate of WebbNew York Surrogate's Court · 1923
- In Re the Probate of the Will of HigginsNew York Court of Appeals · 1934
42 more not listed; retrieve them via the Exa API.