Dodd v. Anderson
New York Supreme Court
Action by William P. Dodd against William J. Anderson, adminis- ' trator of William H. Anderson, deceased. Heard on demurrer to complaint.
1Opinion of the CourtCrane, J.
The demurrer in this case raises the question whether an executor named in an alleged last will can be reimbursed for his expenses incurred by him in unsuccessful probate proceedings. The complaint states the following: One William H. Anderson died December 1, 1903, leaving a written instrument bearing date February 7, 1903, purporting to be his last will and testament. The plaintiff, named as executor in this instrument, which was duly executed in accordance with all the requirements of law, offered it for probate; but after a lengthy trial it was rejected by the surrogate of New York county…
2Cases cited12 opinions
- Matter of LasakNew York Court of Appeals · 1892
- Shaffer v. BaconAppellate Division of the Supreme Court of the State of New York · 1898
- In re Judicial Settlement of the Accounts of BlairAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Judicial Settlement of the Accounts of BlairAppellate Division of the Supreme Court of the State of New York · 1901
- Paxton v. BroganNew York Supreme Court · 1890
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3Cited by2 opinions
- In Re the Probate of the Will of ReimersNew York Court of Appeals · 1933
- In re the Probate of the Instrument, Dated September 8, 1913, Alleged to Be a Will of PotterAppellate Division of the Supreme Court of the State of New York · 1915