Legal Opinion
In re the Probate of the Will of Caldwell
New York Surrogate's Court
Decided October 26, 1945PublishedCited by 4 opinions
1Opinion of the Court
Taylor, S.
Upon the presentation of an order directing a trial by jury of this contested probate and framing the issues to be submitted to the jury, the proponent’s counsel called to the court’s attention the fact that an order had heretofore been entered in this proceeding precluding the contestants from presenting upon the trial any evidence with respect to fraud and undue influence because of the failure to serve a bill of particulars of such claimed fraud and undue influence, pursuant to an order of this court. The special guardian has very earnestly urged that because of this preclusion…
2Cases cited9 opinions
- Harmon v. Alfred Peats Co.New York Court of Appeals · 1926
- In Re the Accounting of HearnsNew York Court of Appeals · 1915
- St. Albans Beef Co. v. AldridgeAppellate Division of the Supreme Court of the State of New York · 1906
- Toplitz v. King Bridge Co.Appellate Terms of the Supreme Court of New York · 1897
- United States Printing & Lithograph Co. v. PowersAppellate Division of the Supreme Court of the State of New York · 1916
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3Cited by4 opinions
- Luhring v. CarterSupreme Court of Virginia · 1952
- In re the Probate of the Will of AspenleiterNew York Surrogate's Court · 1946
- Terwilliger v. TerwilligerNew York Supreme Court · 1951
- Ace Hoeffner Contracting Co. v. P. J. Panzcka, Inc.Suffolk County District Court · 1973