Legal Opinion

In re Proving the Last Will & Testament of Leland

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

Decided November 3, 1916PublishedCited by 9 opinions

Separate appeals by Laletta Leland and others, and by Frank R. Leland and another, from an order of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 20th day of July, 1916, granting the application of the respondent for the issuance of letters testamentary to him as executor of the last will and testament of Francis L. Leland, deceased, pending an appeal from a former decree directing the issuance of said letters and…

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Separate appeals by Laletta Leland and others, and by Frank R. Leland and another, from an order of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 20th day of July, 1916, granting the application of the respondent for the issuance of letters testamentary to him as executor of the last will and testament of Francis L. Leland, deceased, pending an appeal from a former decree directing the issuance of said letters and overruling objections to the qualification of the respondent as executor. Appeal by Louis F. Leland and another from an…

1Opinion of the Court

Laughlin, J.:

The decree of the Surrogate’s Court overruling the objections interposed by the widow and children of the testator to the qualification of the executor and granting letters testamentary to him was entered on the 12th day of July, 1916. Before the issuance of letters pursuant to said decree separate appeals therefrom were perfected by the widow and two sons, and by the other son and the daughter of the testator. The learned counsel for appellants contends that said appeals stayed the issuance of letters testamentary pursuant to said decree of July 12, 1916, by virtue of the…

2Cited by9 opinions

  1. In Re Proving the Will of LelandNew York Court of Appeals · 1916
  2. Texas Employers' Ins. v. SheppeardDistrict Court, S.D. Texas · 1929
  3. In re Proving the Last Will & Testament of KennedyNew York Surrogate's Court · 1919
  4. In re the Estate of DolanskyNew York Surrogate's Court · 1949
  5. In re the Probate of the Will of HoppinNew York Surrogate's Court · 1956

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