Heilman v. Jones
New York Surrogate's Court
Application" to-revoke probate of a will. On January 31,1881, a verified petition was presented to the court, setting forth, among other things, that David Jones was, at the time of his death, a resident of-the county of Westchester ; that he died in the city of New York on January 17, 1881, and alleging that the Surrogate of Westchester had jurisdiction to take the proof of the will, etc. ; and praying for the issuing of a citation, in the usual form.
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Application" to-revoke probate of a will. On January 31,1881, a verified petition was presented to the court, setting forth, among other things, that David Jones was, at the time of his death, a resident of-the county of Westchester ; that he died in the city of New York on January 17, 1881, and alleging that the Surrogate of Westchester had jurisdiction to take the proof of the will, etc. ; and praying for the issuing of a citation, in the usual form. The citation was accordingly issued, and was duly returned, with proof of service on all the persons required by statute to be cited.…
1Opinion of the Court
The Surrogate.
The cases in which application *400may be made for the revocation of the probate of a will are specified in section 3647 of the Code. The grounds are two only: 1st, allegations against the validity of the will; 3d, the competency of the proof thereof.
Ou the presentation of a petition under this section, citations must be issued to the executors, all the devisees, legatees and other persons mentioned in section 3649. The executors are the only persons brought into court, in this matter. It is quite apparent, therefore, that as no allegations are made against the validity of the will,…
2Cases cited1 opinion
- Morrell v. DennisonNew York Supreme Court · 1859
3Cited by2 opinions
- Drexel v. BerneyNew York Surrogate's Court · 1883
- In re the Estate of RosenbergNew York Surrogate's Court · 1958