People Ex Rel. Lewis v. . Fowler
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judical department, entered November 7, 1919, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant, a surrogate of New York county, to grant an order for examination before trial of a witness in proceedings for the probate of a will. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judical department, entered November 7, 1919, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant, a surrogate of New York county, to grant an order for examination before trial of a witness in proceedings for the probate of a will. The facts, so far as material, are stated in the opinion. Sections 872 and 873 of the Code of Civil Procedure have been made applicable to proceedings in the Surrogate’s Court by section 2770. (Matter of Plumb, 64 Hun,…
1Opinion of the Court
Hiscock, Ch. J.
The relator appeared as contestant in proceedings for the probate of an alleged last will and testament of one Hodgman instituted in the Surrogate’s Court of the county of New York. A jury trial was ordered for the hearing of said contest and before the latter came on an application was made by appellant to the respondent, one of the surrogates of said county, for an order for the examination before trial of the proponent. This application was denied upon the ground, as we shall assume from the opinion, that the surrogate did not have power to grant such an order. Thereafter on…
2Cases cited1 opinion
- Kelsey v. ChurchAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by31 opinions
- In re the Probate of the Will of PascalNew York Court of Appeals · 1955
- In re the Estate of HaydenNew York Surrogate's Court · 1939
- In re the Estate of Van ValkenburghNew York Surrogate's Court · 1927
- In re the Estate of HodgmanNew York Surrogate's Court · 1920
- In re the Probate of the Last Will & Testament of LevyAppellate Division of the Supreme Court of the State of New York · 1921
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