In re the Probate of the Will of Soule
New York Surrogate's Court
Petition was filed March 25, 1887, asking revocation of the probate of the will of said decedent, admitted to probate in this court June 28, 1886. The grounds upon which revocation is demanded are fully specified in the petition. The names of the executors of said will, who have all duly qualified, and of the legatees named in said will, are all set forth.
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Petition was filed March 25, 1887, asking revocation of the probate of the will of said decedent, admitted to probate in this court June 28, 1886. The grounds upon which revocation is demanded are fully specified in the petition. The names of the executors of said will, who have all duly qualified, and of the legatees named in said will, are all set forth. The petitioner alleges that she is an heir at law and next of kin as well as legatee, and as such interested in the estate of the decedent, and she prays for a decree revoking said probate, and for such other relief as may be just, and ‘ ‘…
1Opinion of the Court
Teller, S.
—The question presented by the motion to dismiss this proceeding is, whether this court has 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 thereof does not conform to the requirements of the statute, and had the citation followed the demands of the petition, the…
2Cases cited5 opinions
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