Legal Opinion

In re the Probate of the Will of Bitterman

New York Surrogate's Court

Decided December 5, 1952PublishedCited by 2 opinions

1Opinion of the Court

Franeenthaler, S.

The testator was survived by his widow and four brothers. The widow is the principal beneficiary under the will. One of the brothers receives a small legacy but the others are not mentioned in the last will or in several prior testamentary instruments. Objections to probate of the will were filed by all the brothers but the objections were finally dismissed for failure to prosecute. The decree admitting the will to probate was affirmed on appeal without prejudice to contestants’ right to move to open their default on good cause shown (Matter of Bitterman, 279 App. Div. 1061).…

2Cases cited22 opinions

  1. Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
  2. Loder v. . WhelpleyNew York Court of Appeals · 1888
  3. In Re Proving the Will of MartinNew York Court of Appeals · 1885
  4. In Re the Probate of the Last Will & Testament of WilsonNew York Court of Appeals · 1886
  5. Herrmann v. JorgensonNew York Court of Appeals · 1934

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3Cited by2 opinions

  1. In re the Probate of the Will of StacerAppellate Division of the Supreme Court of the State of New York · 1961
  2. In re MarsloeAppellate Division of the Supreme Court of the State of New York · 2011

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