In Re the Estate of Baldwin
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 11,1898, affirming an order of the Surrogate’s Court of the county of Steuben. This was a proceeding for the probate of the will of Henry Baldwin, deceased. The probate was contested upon the grounds of duress, undue influence and the incompetency of the testator. . Objections were also filed to the granting of letters to one of the executors named in the will.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 11,1898, affirming an order of the Surrogate’s Court of the county of Steuben. This was a proceeding for the probate of the will of Henry Baldwin, deceased. The probate was contested upon the grounds of duress, undue influence and the incompetency of the testator. . Objections were also filed to the granting of letters to one of the executors named in the will. The appellant, Tibbitts, who was the other executor, stipulated that if letters were denied to his co executor and…
1Dissent
Parker, Ch. J.
(dissenting). Prior to the enactment of section 190 of the Code, following the exact words of the Constitution, which provides that “ Appeals may be taken as of right to said court, from judgments or orders finally determining actions or special proceedings, and from orders granting new trials on exceptions, where the appellants stipulate that upon affirmance judgment absolute shall be rendered against them,” this appeal would have been properly dismissed on the ground that the granting of the order appealed from rested in the discretion of the Surrogate’s Court, and, therefore,…
2Cases cited3 opinions
- Van Arsdale v. . KingNew York Court of Appeals · 1898
- City of Johnstown v. . WadeNew York Court of Appeals · 1898
- Matter of SmallNew York Court of Appeals · 1899