Legal Opinion
In re the Estate of Smith
New York Surrogate's Court
Decided December 31, 1940PublishedCited by 12 opinions
1Opinion of the Court
Dodd, J.,
Acting Surrogate. The legal question which constitutes the crux of the controversy upon this reargument concerns the effect of the giving of a notice of the filing of objections to probate pursuant to the provisions of section 148 of the Surrogate’s Court Act.
The pertinent facts are undisputed and are matters of record. On October 7, 1937, a petition was presented for the probate of an alleged will of this decedent, dated July 16, 1937. This recited the existence as the only necessary parties to the proceeding of three named statutory distributees, namely, Mary G. Gray, Frances…
2Cases cited29 opinions
- In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
- Davis v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of the United States · 1910
- Rathbone v. . HooneyNew York Court of Appeals · 1874
- Pardee v. Mutual Benefit Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1933
- Fiehe v. Householder Co.Supreme Court of Florida · 1929
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3Cited by12 opinions
- Williams v. WilliamsNew York Court of Appeals · 1969
- Holiday Magic, Inc. v. ScottAppellate Court of Illinois · 1972
- Krellman v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1978
- Backer v. Cooperatieve Rabobank U.A.District Court, S.D. Illinois · 2018
- In re Remy Sportswear, Inc.New York Court of General Session of the Peace · 1959
7 more not listed; retrieve them via the Exa API.