In re Donlon's Will
New York Supreme Court
Appeal-from surrogate’s court, Saratoga county. . Petition by Michael Finn, as guardian for Ellen Donlon, widow of Patrick Donlon, deceased, and for John Donlon and Michael Donlon, children of Patrick Donlon, to open the decree for the probate of decedent’s will. The petition was granted, and William Donlon, the executor of decedent’s will, appeals. Affirmed.
1Opinion of the CourtMayham, P. J.
The default of the petitioner was excused, and the decree admitting the will to probate opened, solely upon the allegations of the verified petition of the petitioner. The petition shows that the will related to real estate, and it does not appear, by the petition of the respondent, or by the affidavits used in opposition thereto, that any personal property was bequeathed in the will. The will was admitted to probate on the 9th day of February, 1891, and the petition of the respondent to set aside the probate was filed January 4, 1892. While it *115appears that the petition in this case was filed…
2Cited by4 opinions
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- In re the Estate of ArnesonNew York Surrogate's Court · 1975
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