In re the Probate of the Last Will & Testament of Dorrity
New York Surrogate's Court
Proceeding to probate a lost will.
1Opinion of the Court
Slater, S.
This is an application to prove a paper writing under section 143 of the Surrogate’s Court Act, formerly sections 2613 and 1865 of the Code of Civil Procedure.
Where the will “ has been lost or destroyed by accident or design,” an action to establish a will must be brought in the Supreme Court, pursuant to sections 200 and 204 of the Decedent Estate Law, formerly section 1861 of the Code of Civil Procedure. Under section 143 of the Surrogate’s Court Act, a lost or destroyed will may be admitted to probate in the Surrogate’s Court if “ the will was in existence at the time of the…
2Cases cited17 opinions
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Schultz v. . SchultzNew York Court of Appeals · 1866
- Knapp v. . KnappNew York Court of Appeals · 1851
- Harris v. HarrisNew York Supreme Court · 1861
- People ex rel. Caldwell v. KellyNew York Supreme Court · 1862
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3Cited by7 opinions
- Estate of ArbuckleCalifornia Court of Appeal · 1950
- In re the Estate of HearnNew York Surrogate's Court · 1936
- In Re Campbell's WillSupreme Court of Vermont · 1927
- In Re Kerckhof's EstateWashington Supreme Court · 1942
- In re Probate of the Will of FoxNew York Court of Appeals · 1961
2 more not listed; retrieve them via the Exa API.