Legal Opinion
In re the Probate of Last Will of Bonesteel
Appellate Division of the Supreme Court of the State of New York
Decided May 16, 1962PublishedCited by 17 opinions
1Per curiam
The main problem presented by this appeal is whether the Surrogate acquired jurisdiction by due service of citation on petitioner, a sister of the testatrix, in a proceeding for the probate of the will. Within two hours after the return of the citation the petitioner’s attorney asked to appear, but the Surrogate refused to open the default and subsequently denied the formal application after a hearing.
At the time of the purported service of citation on December 13, 1960, the petitioner was 83 years old, was confined to a bed in a nursing home in a state of marked physical infirmity. A…
2Cases cited3 opinions
- Hiller v. Burlington & Missouri River RailroadNew York Court of Appeals · 1877
- Jackson v. Schuylkill Silk MillsAppellate Terms of the Supreme Court of New York · 1915
- Anderson v. AbeelAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by17 opinions
- Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
- Skyline Agency, Inc. v. Ambrose Coppotelli, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- United States v. Robert Wiseman, United States of America v. Herman RickCourt of Appeals for the Second Circuit · 1971
- City of New York v. Chemical BankNew York Supreme Court · 1983
- People v. GrossCriminal Court of the City of New York · 1990
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