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Legal Opinion

In re the Estate of Martin

New York Surrogate's Court

Decided August 15, 1944PublishedCited by 5 opinions

1Opinion of the Court

James A. Foley, S.

In this probate proceeding, the petitioner, Buth S. J. Anthony, a niece and one of the next of kin of the testator, applied for the confirmation of the withdrawal of her waiver of citation and for leave to file objections to probate.

The so-called withdrawal of the waiver was attempted to he filed in the form of an acknowledged instrument. It was duly rejected because of the lack of any authority for such procedure. A person interested, whose acknowledged waiver of citation and consent to probate have been filed, may only obtain its withdrawal by a direct application to the…

2Cases cited14 opinions

  1. In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
  2. In Re the Probate of the Will of CookNew York Court of Appeals · 1926
  3. In re the Estate of LeslieAppellate Division of the Supreme Court of the State of New York · 1916
  4. In Re the Estate of StoneNew York Court of Appeals · 1936
  5. In Re the Estate of SchoenewergNew York Court of Appeals · 1938

9 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In re the Probate of the Will of WhiteNew York Surrogate's Court · 1959
  2. In re the Estate of BaconNew York Surrogate's Court · 1996
  3. In re the Estate of CarneyNew York Surrogate's Court · 1961
  4. In re Bazinet's EstatePalm Beach County Judge's Court · 1960
  5. In re the Probate of the Will of HawleyAppellate Division of the Supreme Court of the State of New York · 1958

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