Legal Opinion
In re the Estate of Johnson
Appellate Division of the Supreme Court of the State of New York
Decided April 15, 1993PublishedCited by 2 opinions
1Opinion of the Court
—Appeal from an order of the Surrogate’s Court of Columbia County (Leaman, S.), entered June 15, 1992, which, inter alia, granted petitioner’s motion for summary judgment dismissing the objections to the probate of decedent’s last will and testament.
In our view, Surrogate’s Court properly exercised its discretion in refusing to vacate its prior unconditional order of preclusion and in granting petitioner’s motion for summary judgment (see, Onorio v Miller, 143 AD2d 80; McGraith v Wehrung, 42 AD2d 825). On July 26, 1991, after respondent had filed her objections to the probate of decedent’s…
2Cases cited6 opinions
- Clements v. PetersAppellate Division of the Supreme Court of the State of New York · 1970
- Barone v. GangiAppellate Division of the Supreme Court of the State of New York · 1970
- McCraith v. WehrungAppellate Division of the Supreme Court of the State of New York · 1973
- Onorio v. MillerAppellate Division of the Supreme Court of the State of New York · 1988
- Goldstein v. WickettAppellate Division of the Supreme Court of the State of New York · 1957
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Estate of YoungAppellate Division of the Supreme Court of the State of New York · 2001
- In re the Estate of SaxtonAppellate Division of the Supreme Court of the State of New York · 1996