In re Proving the Last Will & Testament of Holme
Appellate Division of the Supreme Court of the State of New York
Appeal by Leicester Holme, contestant, 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 4th day of March, 1915, denying his motion to vacate and set aside a decree admitting to probate the will in this proceeding, and granting letters testamentary thereon, and also from an order entered on the 9th day of March, 1915, denying his motion for a reargument.
1Opinion of the Court
Clarke, J.:
After the proceedings outlined in the opinion in this same matter (167 App. Div. 237), handed down herewith, the case was regularly called before Mr. Surrogate Fowler, holding the Trial Term, upon Monday, January eighteenth, to which date the trial had been adjourned pursuant to the stipulation made in open court referred to. On the morning call of the calendar counsel asked for an adjournment until the afternoon until the new counsel could be present, which was granted. At two o’clock the contestant, his attorney and counsel were present and the case was again called. Whereupon…
2Cases cited1 opinion
- In re Proving the Last Will & Testament of HolmeAppellate Division of the Supreme Court of the State of New York · 1915