In Re the Probate of the Will of Wright
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 7, 1918, which affirmed an order of the Monroe County Surrogate’s Court refusing probate to an alleged will because of failure to serve a citation therefor upon the heirs at law and next of kin as required by statute.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 7, 1918, which affirmed an order of the Monroe County Surrogate’s Court refusing probate to an alleged will because of failure to serve a citation therefor upon the heirs at law and next of kin as required by statute. Nellie F. Wright died on the 7th day of January, 1918, at Rochester, a resident of the county of Monroe, leaving real property not exceeding in value the sum of $2,000, and personal property not exceeding in value the sum of $700, and an instrument purporting to be…
1Opinion of the CourtChase, J.
Service of notice as required by statute upon the persons interested in the descent of the real property and the distribution of the personal property of the decedent was essential to give the court jurisdiction to probate the alleged will. Was'notice given as required by the statute? We think not. The parts of sections 2528 and 2529 of the Code of Civil Procedure which provide the notice that shall be given to one not a resident of the state are as follows:
“ When an order, directing the service of a citation personally without the state, or by publication, is made, if the order authorizes…
2Cases cited4 opinions
- Wood v. . MorehouseNew York Court of Appeals · 1871
- Market National Bank v. Pacific National BankNew York Court of Appeals · 1882
- Sheldon v. . WrightNew York Court of Appeals · 1851
- Olcott v. . RobinsonNew York Court of Appeals · 1860
3Cited by10 opinions
- Olds v. City of JamestownNew York Court of Appeals · 1939
- In Re Towndrow's WillNew Mexico Supreme Court · 1943
- Scott Co. v. Jones Hooker v. JonesSupreme Court of North Carolina · 1949
- Smith v. ButlerAppellate Division of the Supreme Court of the State of New York · 1926
- Sierra Berdecía v. Tribunal de Distrito de Puerto RicoSupreme Court of Puerto Rico · 1952
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