In re the Probate of the Will of Hopkins
Appellate Division of the Supreme Court of the State of New York
We regard the order appealed from in this case as an order to show cause and, therefore, not appealable. (See Code Civ. Proc. § 2679.) The appeals are dismissed, without costs, and the proceedings remitted to the Surrogate’s Court of Westchester county for final disposition.
1DissentHooker, J.
On the 9th day of May, 1901, Robert E. Hopkins died, leaving a last will and testament in which Fanny W. Hopkins and another were nominated executors. The will was later adinitted to probate, but the decree was thereafter leversed by the Court of Appeals (Matter of Hopkins, 172 N. Y. 360), and a few days after" the reversal Fanny W. Hopkins made application to the Surrogate’s Court for letters'of temporary administration. On or about the 19th of January, 1903, an order was made by th^t court appointing her temporary administratrix. She filed the oath and bond required in the’’ order. It was…
2Cases cited13 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- In Re the Probate of the Will of HopkinsNew York Court of Appeals · 1902
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1879
- Buell v. . Van CampNew York Court of Appeals · 1890
- Yates v. . NorthNew York Court of Appeals · 1871
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