In re the Probate of the Last Will & Testament of Carter
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestant, Fannie N. Brown, from an order of the Surrogate’s Court of the county of Clinton, entered in the office of said surrogate on the 3d day of January, 1920, denying her application for an order directing William C. Pike, the proponent and executor of the will of Eliza A. Carter, deceased, to appear and be examined pursuant to the provisions of sections 872 and 873 of the Code of Civil Procedure.
1Opinion of the Court
Woodward, J.:
It is clear from a reading of the opinion of the learned surrogate in disposing of this motion that he would have granted the contestant a measure of the relief asked if he had not felt that he was controlled by the decision of the court in People ex rel. Lewis v. Fowler (189 App. Div. 335). While the order involved in that case has since been affirmed in the Court of Appeals (229 N. Y. 84) the discussion of the court practically overrules the decision made as to the question of power, and holds that .under the provisions of section 2770 of the Code of Civil Procedure the…
2Cases cited3 opinions
- People Ex Rel. Lewis v. . FowlerNew York Court of Appeals · 1920
- People ex rel. Lewis v. FowlerAppellate Division of the Supreme Court of the State of New York · 1919
- Whitley v. SpeedAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by6 opinions
- In re the Estate of SperryNew York Surrogate's Court · 1930
- Lacy v. EstesDistrict Court of Appeal of Florida · 1963
- In re the Estate of FriedmanNew York Surrogate's Court · 1928
- In re the Probate of the Last Will & Testament of CarterAppellate Division of the Supreme Court of the State of New York · 1920
- In re the Estate of ClenenNew York Surrogate's Court · 1928
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