Legal Opinion
In re the Probate of the Will of Croker
New York Surrogate's Court
Decided May 4, 1951PublishedCited by 2 opinions
1Opinion of the Court
Hazleton, S.
This is an application to strike from the instrument propounded as the last will and testament of the decedent, certain words therein contained on the ground that they are scandalous, libelous and scurrilous. The language objected to by the proponent unquestionably falls within that category.
*265The desire of the reluctant dead to influence for yet awhile the affairs of the living by a testamentary declaration is undoubtedly as old as man’s concept of ownership, but the power to do so is only as old as the statutes which expressly grant him the legal right, within prescribed limits,…
2Cases cited17 opinions
- In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
- Claim of Raymond v. Estate of DavisNew York Court of Appeals · 1928
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Morris v. StokesSupreme Court of Georgia · 1857
- Harris v. Nashville Trust Co.Tennessee Supreme Court · 1913
12 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- United States v. Certain Parcels of LandDistrict Court, S.D. California · 1953
- Nolin v. NolinAppellate Court of Illinois · 1966