Legal Opinion
Noll v. Ruprecht
Appellate Division of the Supreme Court of the State of New York
Decided February 6, 1939PublishedCited by 28 opinions
1Opinion of the Court
Order denying motion for summary judgment dismissing the amended complaint in an action brought in the Supreme Court to declare a will a nullity and to remove testamentary trustees, reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs. As the will had been admitted to probate in the Surrogate’s Court of Queens county, the action was not maintainable in that respect. Although the Supreme Court has jurisdiction in an action to remove testamentary trustees, it will not, in the exercise of its discretion, retain the same unless facts are…
2Cases cited5 opinions
- Pyle v. PyleAppellate Division of the Supreme Court of the State of New York · 1910
- Pyle v. . PyleNew York Court of Appeals · 1910
- In re the Final Judicial Settlement of the Account of Proceedings of SmithAppellate Division of the Supreme Court of the State of New York · 1907
- Moore v. De GrooteAppellate Division of the Supreme Court of the State of New York · 1913
- Schmidt v. KingNew York Court of Appeals · 1928
3Cited by28 opinions
- In re the Estate of BuehlerNew York Surrogate's Court · 1945
- Sullivan v. Title Guarantee & Trust Co.Court of Appeals for the Second Circuit · 1948
- In re the Estate of HortonAppellate Division of the Supreme Court of the State of New York · 1976
- Faulk v. Aware, Inc.New York Supreme Court · 1962
- In re the Estate of MartinNew York Surrogate's Court · 1941
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