Legal Opinion
In re the Estate of Smith
New York Surrogate's Court
Decided September 29, 1937PublishedCited by 5 opinions
1Opinion of the Court
Sheils, S.
The executors have filed an answer in which it is alleged that, in the probate proceedings herein, the petitioner was a necessary witness to the probate of the will and testified as such to secure its probate; that, by reason thereof, the legacy of $3,000, given to her in a codicil to the said will, is void by virtue of section 27 of the Decedent Estate Law; and that the petitioner is not interested in the estate or entitled to the payment of any legacy or to compel an accounting by the executors.
The facts are these: On July 24, 1935, the decedent, a resident of Yonkers, N. Y.,…
2Cases cited14 opinions
- In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
- In Re of Proving the Last Will & Testament of CampbellNew York Court of Appeals · 1902
- In re Proving the Last Will & Testament & Codicil Thereto of EmmonsAppellate Division of the Supreme Court of the State of New York · 1906
- Bloodgood v. . LewisNew York Court of Appeals · 1913
- In re the Probate of the Last Will & Testament of DavisAppellate Division of the Supreme Court of the State of New York · 1905
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3Cited by5 opinions
- In Re the Estate of KuraltMontana Supreme Court · 2003
- In re the Estate of SmithAppellate Division of the Supreme Court of the State of New York · 1937
- In re the Estate of PhillipNew York Surrogate's Court · 1938
- In re the Judicial Settlement of the Account of Proceedings of MarksAppellate Division of the Supreme Court of the State of New York · 1940
- Russell v. LippsNorfolk County Circuit Court · 2004