In re the Will of Iovinella
Appellate Division of the Supreme Court of the State of New York
Appeal by Salvatore Iovinella, contestant, from an order of the Supreme Court, made at the Schenectady Trial Term and entered in the office of the clerk of the county of Schenectady on the 4th day of January, 1915, striking the above-entitled proceeding from the calendar of the Supreme Court and sending it back to the Surrogate’s Court of Schenectady county for trial and determination.
1Opinion of the Court
Howard, J.:
In July, 1914, the surrogate of Schenectady county issued a citation to the contestant and others requiring them to attend the probate in question. The citation was made returnable September 1, 1914. On the return day objections to the probate of the will were made and a jury trial demanded. Thereupon, under section 2538 of the Code, the surrogate ordered certain questions to be tried by a jury in the Supreme Court. The proceeding was placed on the Supreme Court calendar; but, on motion, an order was made in that court striking the proceeding from the calendar on the ground that…
2Cases cited1 opinion
- In re the Probate of the Will of SpoonerNew York Surrogate's Court · 1914
3Cited by5 opinions
- Vandeweghe v. City of New YorkNew York Supreme Court · 1934
- Rischel v. GerkenAppellate Division of the Supreme Court of the State of New York · 1921
- Hastrich v. PilcherNew York Surrogate's Court · 1916
- Hastrich v. PilcherAppellate Division of the Supreme Court of the State of New York · 1916
- Raught v. WeedAppellate Division of the Supreme Court of the State of New York · 1915