Legal Opinion
In re Mackenzie
Appellate Division of the Supreme Court of the State of New York
Decided March 20, 1936No. Appeal No. 1PublishedCited by 6 opinions
1Opinion of the CourtTaylor, J.
The question here is whether Donald Mackenzie, Jr., has standing under section 147 of the Surrogate’s Court Act to contest the will of the decedent, his grandfather. Donald Mackenzie, son of the decedent, died subsequently to the latter’s death, pending a contest of the will instituted by him and other persons. The surrogate decided the question in the negative, and by the order appealed from struck out the infant s answer containing objections to the probate; so that the said infant, still a party herein, may not be heard in contest of the will.
The facts are: Augustus Mackenzie, alleged…
2Cases cited5 opinions
- In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
- Bassler v. SmythAppellate Division of the Supreme Court of the State of New York · 1932
- In Re Proving the Will of HerrmannNew York Court of Appeals · 1916
- In re the Estate of MackenzieNew York Surrogate's Court · 1935
- In re the Estate of HerrmannNew York Surrogate's Court · 1915
3Cited by6 opinions
- Sheldone v. MarinoMassachusetts Supreme Judicial Court · 1986
- In re the Estate of MerrillNew York Surrogate's Court · 1937
- In re the Estate of RosenblattNew York Surrogate's Court · 1938
- Kinsella v. LandaMissouri Court of Appeals · 1980
- In re the Probate of the Will of RappNew York Surrogate's Court · 1943
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