In re the Probate of the Last Will & Testament of Levy
Appellate Division of the Supreme Court of the State of New York
Appeal by the proponents, Augusta Levy and another, from an order of the Surrogate’s Court of the county of New York, entered in the office of the clerk of said court on the 5th day of November, 1921, modifying an order entered in the office of the clerk of said court on the 28th day of September, 1921,' directing the examination .before trial of Augusta Levy and others.
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Appeal by the proponents, Augusta Levy and another, from an order of the Surrogate’s Court of the county of New York, entered in the office of the clerk of said court on the 5th day of November, 1921, modifying an order entered in the office of the clerk of said court on the 28th day of September, 1921,' directing the examination .before trial of Augusta Levy and others. Appeal by the contestants, Jetta L. Lichtenstein and others, from so much of said order as eliminates paragraph “5” of the original order of September 28, 1921, directing the examination of Augusta Levy and others, and from…
1Opinion of the Court
Dowling, J.:
In People ex rel. Lewis v. Fowler (229 N. Y. 84) it was held that by virtue of section 2770 of the Code, sections 870-886 of the Code of Civil Procedure were applicable to a special proceeding in the Surrogate’s Court and that the surrogate had power to grant an order for the preliminary examination of a party or witness. The court said (at p. 87): “ With the provision for a jury trial in a contested proceeding for the probate of a will such proceeding *775has taken on the essential character and form of an ordinary jury action, and it is difficult to perceive why the provisions for…
2Cases cited1 opinion
- People Ex Rel. Lewis v. . FowlerNew York Court of Appeals · 1920
3Cited by10 opinions
- In re the Estate of FrankNew York Surrogate's Court · 1937
- In re Proving the Last Will & Testament of VailNew York Surrogate's Court · 1923
- In re the Estate of SwahnNew York Surrogate's Court · 1936
- In re the Estate of PutnamNew York Surrogate's Court · 1929
- In re Proving the Last Will & Testament of KimmerleNew York Surrogate's Court · 1927
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