In re Lyons' Will
New York Supreme Court
Appeal from surrogate’s court, Tompkins county. . Application by Louisa Harlow for an order to open a decree of the surrogate’s court admitting to probate the will of John Lyons, deceased. From parts of an order vacating and the decree, contestant appeals. Louisa Harlow, an heir at law of the deceased, presented a petition to the surrogate’s court, February, 1892, asking to have the decree admitting the will of the deceased to probate, entered in July, 1885, opened.
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Appeal from surrogate’s court, Tompkins county. . Application by Louisa Harlow for an order to open a decree of the surrogate’s court admitting to probate the will of John Lyons, deceased. From parts of an order vacating and the decree, contestant appeals. Louisa Harlow, an heir at law of the deceased, presented a petition to the surrogate’s court, February, 1892, asking to have the decree admitting the will of the deceased to probate, entered in July, 1885, opened. In December, 1884, Ann E. Beardsley presented a petition to the surrogate’s court asking probate of the will of the deceased,…
1Opinion of the CourtHardin, P. J.
Subdivision 6 of section 2481 of the Code of Civil Procedure, which relates to the power of the surrogate to open, vacate, modify, or set aside a decree of his court, provides that “upon an appeal from a determination of the surrogate, made upon an application pursuant to this subdivision, the general term of the supreme court has the same power as the surrogate; and his determination must be reviewed, as if an original application was made to that term.” In the course of the opinion delivered in Re Tilden, 67 How. Pr. 449, it was said: “Under this authority, the entire controversy presented…
2Cases cited5 opinions
- In Re the Several Accountings of the Executors of TildenNew York Court of Appeals · 1885
- In Re the Accountings of HawleyNew York Court of Appeals · 1885
- Fetes v. VolmerNew York Supreme Court · 1889
- In re Wood's EstateNew York Supreme Court · 1890
- In re the Several Accountings of the Executors of TildenNew York Supreme Court · 1884
3Cited by5 opinions
- Floto v. FlotoIllinois Supreme Court · 1904
- In re the Estate of ClarkeNew York Surrogate's Court · 1932
- In re Proving the Last Will & Testament of MarxNew York Surrogate's Court · 1919
- In re the Probate of a Paper Writing Purporting to be the Last Will & Testament of LordNew York Surrogate's Court · 1915
- In re the Estate of NorwoodNew York Surrogate's Court · 1920