Legal Opinion
In re the Probate of the Last Will & Testament of Gihon
New York Surrogate's Court
Decided October 15, 1899PublishedCited by 3 opinions
Application by executors for the issuance to them of letters testamentary.
1Opinion of the Court
Silkman, S.
The Appellate Division has affirmed the decree of this court admitting the will of Caroline E. Gabon to probate.
An appeal to the Court of Appeals has been taken from the judgment entered upon the order of affirmance, and the contestant has given an undertaking under sections 1326 and 1327 of the Code of Civil Procedure.
The executors demand that letters testamentary be issued to the executors named in the will who may appear and qualify, while on the other hand the contestant claims that her appeal to the Court of Appeals and the filing of the bond under the sections specified stay…
2Cases cited4 opinions
- Genet v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1889
- In Re the Application for the Probate of the Last Will of RossNew York Court of Appeals · 1882
- Eno v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Taft v. MarsilyNew York Supreme Court · 1888
3Cited by3 opinions
- In re the Estate of KennedyNew York Surrogate's Court · 1920
- In re Gihon's WillAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Probate of the Will of WhippleAppellate Division of the Supreme Court of the State of New York · 1945