Legal Opinion
In re Owen
Appellate Division of the Supreme Court of the State of New York
Decided April 18, 1938PublishedCited by 5 opinions
1Opinion of the CourtDavis, J.
The petitioner obtained ex parte an order, pursuant to the provisions of section 137 of the Surrogate’s Court Act, for the examination of certain persons in respect to wills executed by the decedent subsequent to the date of the one offered for probate. The petition showed sufficient facts to warrant the granting of the order. This is a proceeding unrelated to the proceedings to probate a will, now pending, and does not constitute an attack upon them. (Matter of Hardy, 216 N. Y. 132; Matter of Work, 151 App. Div. 707; Matter of Yung, 216 id. 595.)
The order directed certain persons to appear…
2Cases cited3 opinions
- Matter of HardyNew York Court of Appeals · 1915
- In re the Estate of WorkAppellate Division of the Supreme Court of the State of New York · 1912
- In re Proving the Last Will & Testament of HaubeilAppellate Division of the Supreme Court of the State of New York · 1936
3Cited by5 opinions
- In re the Estate of PhilbrookAppellate Division of the Supreme Court of the State of New York · 1992
- In re the Estate of VieillardNew York Surrogate's Court · 1959
- In re the Estate of ReynoldsNew York Surrogate's Court · 1952
- In re the Estate of DanielsonNew York Surrogate's Court · 1961
- Matter of KusnyerAppellate Division of the Supreme Court of the State of New York · 2021