In re the Estate of Taggart
New York Surrogate's Court
Application for letters of administration by a creditor of deceased, who died November 29., 1890. From statement of counsel it appears that on the 31st day of August, 1883, the deceased executed a will, but subsequently transferred all his property, so that, apparently, no property remains to pass by the will. The petitioner, desiring to attach the transfer, asks for the appointment -of a representative of tire estate, so that he may bring suit for that purpose.
1Opinion of the Court
Coleman, S.
Petitioner in this casé applies for letters by administration as a creditor of the deceased, to which application the next of kin object, alleging that the deceased did not die intestate, and produce and file with their answer a document purporting to be the last will and testament of the deceased, and ask that these proceedings be dismissed.
The petitioner, however, urges that the proceedings should not be dismissed until it is made to appear that a will has been admitted to probate, and that only an adjournment can be properly applied for by the next of kin, to give them time in…
2Cited by4 opinions
- In Re the Estate of EdwardsCalifornia Supreme Court · 1908
- In Re Estate of StenzelSupreme Court of Minnesota · 1941
- Stenzel v. KregerSupreme Court of Minnesota · 1941
- In re the Estate of de FontarceNew York Surrogate's Court · 1941