In Re the Probate of the Will of Gouraud
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, which affirmed an order of the surrogate of the county of New York, dismissing allegations filed by Andreas H. Gouraud to contest the probate of the will of Trust Felix Gouraud, deceased. (Reported below, 2S Hun, 560.) The facts are sufficiently stated in the opinion. The filing of the allegations of contest within the year was a sufficient compliance with the statute.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, which affirmed an order of the surrogate of the county of New York, dismissing allegations filed by Andreas H. Gouraud to contest the probate of the will of Trust Felix Gouraud, deceased. (Reported below, 2S Hun, 560.) The facts are sufficiently stated in the opinion. The filing of the allegations of contest within the year was a sufficient compliance with the statute. (In re Will of Kellum, 50 N. Y. 298, 300; 2 R. S., §§ 30-39; Mygatt v. Washburn, 1 Smith Ct. of App. 318; Collier v. Idley, 1 Bradf.…
1Opinion of the CourtEarl, J.
Mr. Gouraud died in the city of Mew York, April 20, 1877, leaving a will which was admitted to probate February 16, 1878. On the loth day of February, 1879, the present appellant, the next of kin of the deceased, filed in the office -of the surrogate allegations in writing against the validity of the will, and against the competency of the proof thereof, for the purpose of procuring the revocation of the probate thereof. These allegations were contained in a petition which closed with a prayer, that a citation might issue directed to the executrix, requiring her to appear before the surrogate…
2Cases cited1 opinion
- In Re Proving the Last Will & Testament of KellumNew York Court of Appeals · 1872
3Cited by21 opinions
- Hoyt v. . HoytNew York Court of Appeals · 1889
- San Francisco Protestant Orphan Asylum v. Superior Court of Santa Clara CountyCalifornia Supreme Court · 1897
- Schauberger v. TafelCourt of Appeals of Kentucky · 1924
- In re Bradley's WillNew York Supreme Court · 1893
- In re SouleNew York Surrogate's Court · 1888
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