Lewis v. . Cook
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered August 24, 1895, which affirmed an interlocutory judgment in favor of plaintiff entered upon a decision of the court at Special Term sustaining a demurrer to the answer to the complaint. This action was brought in the Supreme Court to obtain a judgment declaring invalid the will of Mary Snelling, deceased, and the probate thereof.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered August 24, 1895, which affirmed an interlocutory judgment in favor of plaintiff entered upon a decision of the court at Special Term sustaining a demurrer to the answer to the complaint. This action was brought in the Supreme Court to obtain a judgment declaring invalid the will of Mary Snelling, deceased, and the probate thereof. The complaint sets forth the death of the testatrix and the admission of her will to prohate. It alleges that it was not her will, that she was incompetent to…
1Opinion of the CourtGray, J.
If any authority exists for the maintenance of such an action, it must be found in section 2653a of the Code of Civil Procedure; which was enacted in 1892 and inserted in the. article in the Code, entitled “ Revocation of Probate.” Section 2647, in that article, provided for the case of “ a person interested in the estate of a decedent ” and authorized the institution of a proceeding in the Surrogate’s Court by way of a petition attacking the validity of the will and praying for the revocation of the probate thereof. The other sections in the article prescribed the procedure to be followed…
2Cases cited1 opinion
- Hoyt v. . HoytNew York Court of Appeals · 1889
3Cited by17 opinions
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Henriques v. Yale UniversityAppellate Division of the Supreme Court of the State of New York · 1898
- Scott v. Superior CourtCalifornia Court of Appeal · 1932
- Hull v. HullAppellate Division of the Supreme Court of the State of New York · 1916
- Wallace v. PayneAppellate Division of the Supreme Court of the State of New York · 1897
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