Legal Opinion
In re the Probate of the Will of Elwyn
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 1954PublishedCited by 4 opinions
1Opinion of the CourtHalpern, J.
This is an appeal from an order of the Surrogate’s Court, refusing to reopen the probate of the will of Sherman R. Elwyn, in order to allow the appellant to interpose objections thereto.
The appellant had not been cited in the proceeding to probate the will and the will had been admitted to probate without objection. The appellant is the widow of a deceased son of the testator. Under the will, one half of the residuary estate is bequeathed to the appellant but under an instrument which she claims constituted an earlier will of the testator, the appellant would have received a legacy of $18,000…
2Cases cited6 opinions
- Rastetter v. . HoenningerNew York Court of Appeals · 1915
- Tutunjian v. VetzigianNew York Court of Appeals · 1949
- Hermann v. LudwigAppellate Division of the Supreme Court of the State of New York · 1919
- In Re the Probate of the Last Will & Testament of DiezNew York Court of Appeals · 1872
- Hermann v. . LudwigNew York Court of Appeals · 1920
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Elwyn v. ComeauNew York Supreme Court · 1957
- In re the Estate of BubelierNew York Surrogate's Court · 1987
- In re the Estate of BrinkmannNew York Court of Appeals · 1968
- In re the Probate of the Will of ConklinAppellate Division of the Supreme Court of the State of New York · 1961