Legal Opinion

In re the Estate of Dale

New York Surrogate's Court

Decided May 27, 1936PublishedCited by 4 opinions

1Opinion of the Court

Wingate, S.

The present controversy raises an interesting question respecting the limitations which should properly be imposed upon an examination before trial of an opponent in a probate proceeding in which issues of fraud and undue influence have been raised.

The present decedent, who was a well-known political and judicial personage in the community, died on November 17, 1935. A purported will has been propounded, which, after the gift of $12,000 in general legacies, incorporated a specific devise of his residence to Maria Kumm and made her his residuary legatee.

The usual omnibus broadside…

2Cases cited22 opinions

  1. People v. . MolineuxNew York Court of Appeals · 1901
  2. Ball v. State of New YorkNew York Court of Appeals · 1977
  3. Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
  4. Public National Bank v. National City BankNew York Court of Appeals · 1933
  5. Hall v. . NaylorNew York Court of Appeals · 1859

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3Cited by4 opinions

  1. In re the Estate of KolodijNew York Surrogate's Court · 1976
  2. In re the Estate of AdamsNew York Surrogate's Court · 1957
  3. In re the Estate of BlankNew York Surrogate's Court · 1939
  4. Personal Linen Supply Co. v. CiampiAppellate Division of the Supreme Court of the State of New York · 1965

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