In re Proving the Last Will & Testament of Carnright
Appellate Division of the Supreme Court of the State of New York
•Appeal by the contestants, Bertha Carnright and others, heirs at law and next of kin, from a decree of the Surrogated Court of the county of Ulster, entered in the office of said Surrogate’s Court on the 16th day of December, 1916, admitting to probate the will of the deceased.
1Opinion of the Court
Lyon, J.:
•The appellants seek to obtain the reversal of the decree admitting a will to probate, upon the ground that as contestants the surrogate improperly denied them the right to trial by jury.
The citations for the probate of the will of Albert Carnright were returnable in the Surrogate’s Court of Ulster county September 11, 1916. On that day the testimony of one of the subscribing witnesses was taken and the proceeding adjourned to September twentieth. On September twentieth this subscribing witness was further examined, and the testimony of the other subscribing witness taken. Counsel…
2Cases cited3 opinions
- Moot v. . MootNew York Court of Appeals · 1915
- Smith v. CarllNew York Court of Chancery · 1821
- In re Proving the Last Will & Testament of HolmeAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by3 opinions
- In re the Estate of ThompsonAppellate Division of the Supreme Court of the State of New York · 1923
- In re the Estate of PriceNew York Surrogate's Court · 1922
- In re Proving the Last Will & Testament of CantineAppellate Division of the Supreme Court of the State of New York · 1930