Legal Opinion

In re the Estate of Frank

New York Surrogate's Court

Decided December 11, 1937PublishedCited by 20 opinions

1Opinion of the Court

. Foley, S.

In this contested probate proceeding the contestant applies for an examination before trial as adverse parties of Wilma Ackerman and Paul Ackerman upon the issues of undue influence and fraud. The proponent of the will does not question the right of the contestant to an examination of these adverse parties, but objects to the range of the examination as sought by the contestant. Objection is made to the propriety and power of directing an examination in respect of transactions with the decedent subsequent to the time of the execution of the will.

The objections to probate include a…

2Cases cited4 opinions

  1. Marx v. . McGlynnNew York Court of Appeals · 1882
  2. In Re the Will of PutnamNew York Court of Appeals · 1931
  3. Smith v. . KellerNew York Court of Appeals · 1912
  4. In re the Probate of the Last Will & Testament of LevyAppellate Division of the Supreme Court of the State of New York · 1921

3Cited by20 opinions

  1. In re the Probate of the Will of CarllNew York Surrogate's Court · 1951
  2. In re the Probate of the Will of VeederNew York Surrogate's Court · 1957
  3. In re the Probate of the Will of DaltonNew York Surrogate's Court · 1945
  4. In re the Probate of the Will of KreutzburgNew York Surrogate's Court · 1945
  5. In re the Estate of GorenNew York Surrogate's Court · 1952

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