Lafferty v. Lafferty
New York Surrogate's Court
This was an application to revive and continue proceedings for the probate of the will of decedent. The petition of John Lafferty showed that proceedings for the probate of the will of Bernard Grillan were commenced, in January, 1872, by Anthony Gill an, one of the executors named in the will; that Mary Grillan, the widow, and Sarah Lafferty, the only heir and next of kin of the decedent, were made parties thereto ; that one- witness was examined on January 22, 1872, and…
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This was an application to revive and continue proceedings for the probate of the will of decedent. The petition of John Lafferty showed that proceedings for the probate of the will of Bernard Grillan were commenced, in January, 1872, by Anthony Gill an, one of the executors named in the will; that Mary Grillan, the widow, and Sarah Lafferty, the only heir and next of kin of the decedent, were made parties thereto ; that one- witness was examined on January 22, 1872, and nothing further was done ; that the testator died in December, 1871, and by Ms will, after giving several small legacies,…
1Opinion of the Court
The Surrogate.
The probate proceedings having been commenced by the service of the citation therein on all the necessary parties in 1872, the Code has no application to them (§ 8847, subd. 11; § 3348).
The petitioner’s,intestate was not a party to the proceedings and the question suggests itself whether the petitioner can make himself a party to them and ask that they be continued. Under the act of 1837, in force .before the Code, an executor, devisee or legatee named in any last will, or any person interested in the estate, might have such will proved (L. 1837, ch. 460, § 4). The petitioner in…
2Cases cited4 opinions
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- Foster v. FosterNew York Court of Chancery · 1838
- Turhune v. BrookfieldNew York Surrogate's Court · 1854
- Walsh v. RyanNew York Surrogate's Court · 1851
3Cited by4 opinions
- Winters v. American Trust Co.Tennessee Supreme Court · 1929
- In re the Probate of an Instrument Purporting to be a Codicil to the Last Will & Testament of CoryellAppellate Division of the Supreme Court of the State of New York · 1896
- In re HammerslyNew York Supreme Court · 1887
- Merritt v. JacksonNew York Surrogate's Court · 1883