In re Proving the Last Will & Testament of Meyer
New York Surrogate's Court
Proceeding upon probate of a will.
1Opinion of the Court
Fowler, S.
The respondent appears in a proceeding for probate and asks (1) that an appointment by the testatrix of a guardian for her child (contained in a codicil to her will) be construed as null and void and not dispositive; and (2) that certain matter complained of be struck out of the codicil as scandalous, scurrilous, improper and not dispositive. In respect of the first request to the surrogate, to construe a testamentary appointment of guardian out of the codicil, it must be apparent that the surrogate has no such power. The surrogate’s power to construe a testamentary instrument in…
2Cases cited14 opinions
- In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
- Stilwell v. . CarpenterNew York Court of Appeals · 1875
- Tucker v. TuckerNew York Court of Appeals · 1868
- Koch v. Mayor of New YorkNew York Court of Appeals · 1897
- In re the Probate of the Last Will & Testament of DavisAppellate Division of the Supreme Court of the State of New York · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In re the Estate of WebbNew York Surrogate's Court · 1923
- In re the Probate of Papers Propounded as the Last Will & Testament & a Codicil thereto of Van NessNew York Surrogate's Court · 1912
- Brown v. MackNew York Supreme Court · 1945
- In re Gedney's WildNew York Surrogate's Court · 1913
- In re the Estate of DraskeNew York Surrogate's Court · 1936
13 more not listed; retrieve them via the Exa API.