Hoyt v. . Hoyt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 18, 1887, which affirmed a decree of the surrogate of the county of New York refusing to revoke and ratifying and confirming the probate of the will of Jesse Hoyt, deceased. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 18, 1887, which affirmed a decree of the surrogate of the county of New York refusing to revoke and ratifying and confirming the probate of the will of Jesse Hoyt, deceased. The material facts are stated in the opinion. Where revocation of a probate is sought on the ground of fraud, the proper form of proceeding is by petition to vacate the former decree as having been obtained by fraud upon the party and imposition on the court. (Edson v. Edson, 108 Mass. 597;…
1Opinion of the CourtGray, J.
The main question, which has been presented for our consideration by this 'appeal, is, whether the surrogate was in error in holding that the proceeding, which followed upon tlis presentation of the appellant’s petition to him, was one for a revocation of probate under the provisions of article 2 of title 3 of chapter 18 of the Code. After the parties had closed their proofs the petitioner’s counsel requested that the surrogate should decide and find that the original probate of Jesse Hoyt’s will was a nullity by reason of fraud. This he refused to do and decided the matter as one brought…
2Cases cited2 opinions
- Westover v. . Aetna Life Ins. Co.New York Court of Appeals · 1885
- In Re the Probate of the Will of GouraudNew York Court of Appeals · 1884
3Cited by31 opinions
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
- In re Estate of RedfieldCalifornia Supreme Court · 1897
- Lissak v. Crocker Estate Co.California Supreme Court · 1897
- Clifford v. Denver & Rio Grande RailroadNew York Court of Appeals · 1907
- Deutschmann v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
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