Legal Opinion

In re Proving the Last Will & Testament of Haag

New York Surrogate's Court

Decided February 15, 1917PublishedCited by 4 opinions

1Opinion of the Court

Schulz, S.

Some of the persons interested in the estate of the decedent ask for a determination by this court refusing letters testamentary upon her last will and testament, to the executor therein named.

The will of the decedent was contested and after a jury trial of certain controverted questions of fact was admitted to probate. The respondent is entitled to letters testamentary thereunder, unless for some reason prescribed by statute he is incompetent to receive the same. Section 2564 of the Code of Civil Procedure specifies the persons who are incompetent to receive letters. The section,…

2Cases cited5 opinions

  1. Carter v. . BeckwithNew York Court of Appeals · 1891
  2. In re Proving the Last Will & Testament of LathamAppellate Division of the Supreme Court of the State of New York · 1911
  3. McGregor v. McGregorNew York Court of Appeals · 1864
  4. In re ForkelAppellate Division of the Supreme Court of the State of New York · 1896
  5. Churchill v. PrescottNew York Surrogate's Court · 1853

3Cited by4 opinions

  1. State Ex Rel. Lauridsen v. Superior Ct.Washington Supreme Court · 1934
  2. Farmers' Loan & Trust Co. v. Security Trust Co.Indiana Court of Appeals · 1923
  3. In re the Estate of RosenfeldNew York Surrogate's Court · 1935
  4. In re the Probate of the Will of GarfunkelNew York Surrogate's Court · 1956

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