Legal Opinion

In re Friedell

Appellate Division of the Supreme Court of the State of New York

Decided August 15, 1897PublishedCited by 3 opinions

Appeal by the Franklin Trust Company, as executor, etc., of Wilhelmine Dorothea Schott, and others, from an order of the Surrogate’s Court of the county of Hew York, entered in the office of ¡said' Surrogate’s Court, on the 10th day of June, 189.7, denying their ■ motion to vacate an order theretofore made and to dismiss the .proceeding.

1Opinion of the Court

Patterson, J.:

This is an appeal from an order of the Surrogate’s Court denying ¡a motion made, among other things, to' dismiss a proceeding for ' revocation of the probate of- a will The application to dismiss was made upon the ground that the person by whom the proceeding was instituted had willfully refrained from serving certain persons with *383the citation before the return day thereof. The motion was denied, according to the recital of the order, on the ground that the surrogate had no power to dismiss the proceeding for failure to serve or to commence to serve the original or supplemental…

2Cases cited1 opinion

  1. In Re the Probate of the Will of GouraudNew York Court of Appeals · 1884

3Cited by3 opinions

  1. In re the Probate of the Alleged Last Will & Testament of MillerAppellate Division of the Supreme Court of the State of New York · 1910
  2. In re the Will of RuppanerNew York Surrogate's Court · 1895
  3. In re Application for Leave to Enter into Possession and to Manage and Control & Receive the Rents of Real Property Left by MouldAppellate Division of the Supreme Court of the State of New York · 1921

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