In re the Probate of the Last Will & Testament of Del Genovese
Appellate Division of the Supreme Court of the State of New York
Appeal by Joseph Del Genovese from an order of the Surrogate’s Court of the county of Kings, dated the 31st day of March, 1915, denying motions for leave to renew an application to open the decision and decree of December 19, 1907, herein, refusing probate to a will. On this appeal a subsequent accounting by the administratrix of the estate is proffered as further evidence to support the motion.
1Opinion of the Court
Putnam, J.:
Virgilio Del Genovese, in 1886, made a will, which purported to bequeath $10,000 to his brother Joseph, the present appellant. He married thereafter, and this marriage legitimized his daughter Francesca. In January, 1907, he died resident of Kings county. By reason of the statutory revocation by the marriage and birth of issue, the will has been denied probate. The original contest turned oh the. marriage, as Mrs. Del Genovese’s prior marriage raised a question whether, this' earlier status had been legally dissolved. (Matter of Del Genovese, 56 Misc. Rep. 418.). A decree.was…
2Cases cited4 opinions
- Brush v. WilkinsNew York Court of Chancery · 1820
- Baldwin v. SpriggsCourt of Appeals of Maryland · 1886
- Havens v. Van Den BurghCourt for the Trial of Impeachments and Correction of Errors · 1845
- In re the Probate of the Last Will & Testament of Del GenoveseNew York Surrogate's Court · 1907
3Cited by12 opinions
- In re the Estate of BentNew York Surrogate's Court · 1932
- In re the Will of SternNew York Surrogate's Court · 1945
- In re the Estate of TierneyNew York Surrogate's Court · 1933
- In re the Estate of ReillyNew York Surrogate's Court · 1927
- In re the Estate of de CoppetNew York Surrogate's Court · 1932
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