In re Proving the Last Will & Testament of Stapleton
Appellate Division of the Supreme Court of the State of New York
Appeal by Patrick Stapleton and by Arthur J. O’Leary, one of the executors named in the will of Eliza Stapleton, deceased, from so much of a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 5th day of March, 1900, as adjudges that the codicil to the last will and testament of Eliza Stapleton, deceased, bearing date March. 18, 1899, is null and void, and denies probate thereto.
1Opinion of the Court
O’Brien, J.:
We think that the executor has in this case the right to appeal. The Code of Civil Procedure provides (§§ 1294, 2568) that a “ party aggrieved may appeal.” These words, as applying to executors, have been construed in several instances by the court; but we have been referred to no case wherein the refusal of the surrogate to admit a will or codicil to probate was involved. In the authorities cited in the dissenting opinion, the question related to the construction to be given to a portion of a will which arose after probate and in the course of administration, when the obligation…
2Cases cited3 opinions
- Bryant v. . ThompsonNew York Court of Appeals · 1891
- People Ex Rel. Burnham v. . JonesNew York Court of Appeals · 1888
- Bliss v. FoggNew York Supreme Court · 1894
3Cited by4 opinions
- Burmeister v. GustSupreme Court of Minnesota · 1912
- Bell v. DavisSupreme Court of Oklahoma · 1914
- In re Proving the Last Will and Testament of EcklerAppellate Division of the Supreme Court of the State of New York · 1908
- Title Guarantee & Trust Co. v. American Power & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1904