Legal Opinion
In re the Estate of Hutchins
New York Surrogate's Court
Decided April 25, 1932PublishedCited by 3 opinions
1Opinion of the Court
Wingate, S.
This motion to vacate the decree granting letters of administration amounts in effect to a motion for a new trial on the ground of newly-discovered evidence, since on an application for similar relief in 1930, the issues were determined adversely to the moving party after a hearing at which the question of the marriage was fully litigated by both parties.
A motion of this type is directed largely to the discretion of the court. (Barrett v. Third Ave. R. R. Co., 45 N. Y. 628, 632; Collins v. Cent. Trust Co., 226 App. Div. 486, 487; McCreery Realty Corp. v. Equitable Nat. Bank, 123…
2Cases cited8 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Collins v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Piehl v. Albany RailwayAppellate Division of the Supreme Court of the State of New York · 1898
- Grafton v. BallAppellate Division of the Supreme Court of the State of New York · 1914
- People v. PrimeAppellate Division of the Supreme Court of the State of New York · 1924
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3Cited by3 opinions
- In re the Estate of KotlikNew York Surrogate's Court · 1934
- In re the Estate of HillNew York Surrogate's Court · 1935
- In re the Estate of GoldbergNew York Surrogate's Court · 1937