Legal Opinion

In re Schweizer

New York Surrogate's Court

Decided December 15, 1922PublishedCited by 15 opinions

Application to dismiss objections to probate of a will.

1Opinion of the Court

Wingate, S.

Application is made to dismiss the only objections filed to the petition for probate of decedent’s will. The application is based upon the assertion that the contestant, decedent’s widow, is not a “ person interested ” who is entitled to file objections under section 147 of the Surrogate’s Court Act. She was married to the decedent, but separated from him some months prior to his death. Thereafter they lived apart from each other, and entered into a separation agreement which is in evidence.

Objections to the probate of a will may not be filed by one who would derive no financial…

2Cases cited2 opinions

  1. In re Proving Last Will & Testament of HoytNew York Surrogate's Court · 1907
  2. Titus v. BassiAppellate Division of the Supreme Court of the State of New York · 1918

3Cited by15 opinions

  1. In re the Estate of BrownNew York Surrogate's Court · 1934
  2. In re the Estate of QuickNew York Surrogate's Court · 1932
  3. In re the Probate of the Will of WallaceNew York Surrogate's Court · 1944
  4. In re Proving the Last Will & Testament of KiltzNew York Surrogate's Court · 1925
  5. In re the Estate of KleinNew York Surrogate's Court · 1923

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API