In re Soule
New York Surrogate's Court
A petition was filed, March 25th, 1887, asking a revocation of the probate of the will of decedent, admitted to probate in this court June 28th, 1886. The grounds upon which revocation was demanded were fully specified in the petition. The names of the executors of the will, who had all duly qualified, and of the legatees named in the will, were all set forth.
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A petition was filed, March 25th, 1887, asking a revocation of the probate of the will of decedent, admitted to probate in this court June 28th, 1886. The grounds upon which revocation was demanded were fully specified in the petition. The names of the executors of the will, who had all duly qualified, and of the legatees named in the will, were all set forth. The petitioner alleged that she was an heir-at-law and next of kin, as well as legatee, and as such interested in the estate of decedent, and she prayed for a decree revoking probate, and for such other relief as might be just, and a…
1Opinion of the Court
The Surrogate.
The question, presented by the motion to dismiss this proceeding, is whether this court *139has any jurisdiction of the necessary persons or subject-matter. It is contended by the moving party that, the executors not being named as such in the citation, there has been an utter failure to comply with the statute, by which the authority of this court is conferred. There is no contention that the petition does not set forth the necessary facts, or that the prayer itself does not conform to the" requirements of the statute; and had the citation followed the demands of the petition, the…
2Cases cited4 opinions
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
- Bank of Havana v. . MageeNew York Court of Appeals · 1859
- New York State Monitor Milk Pan Ass'n v. Remington Agricultural WorksNew York Court of Appeals · 1882
- Tasker v. WallaceNew York Court of Common Pleas · 1876