Legal Opinion

In re the Estate of Gehr

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 2014Published

1Opinion of the Court

Appeal from an order of the Surrogate’s Court, Chautauqua County (Stephen W Cass, S.), entered February 11, 2013. The order granted the motion of respondent to dismiss the petition to revoke letters testamentary.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, the petition is reinstated and the matter is remitted to Surrogate’s Court, Chautauqua County, for further proceedings in accordance with the following memorandum: Nyla J. Gehr (decedent) passed away on October 8, 2012, and was survived by her sister…

2Cases cited7 opinions

  1. In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
  2. McCarthy v. PieretNew York Court of Appeals · 1939
  3. American Committee for Weizmann Institute of Science v. DunnNew York Court of Appeals · 2008
  4. In re SheldonAppellate Division of the Supreme Court of the State of New York · 1913
  5. In re the Estate of LovermeAppellate Division of the Supreme Court of the State of New York · 2006

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