MacLean v. Hart

The order appealed from vacates a temporary injunction which restrained the defendant from prosecuting certain claims in the Surrogate’s Court of Fulton county. The appellant urges that both as a matter of law and as an exercise of discretion the temporary injunction should have been continued, as he asked on the motion.

Margaret Churchill died on March 17, 1928, in the ninety-third year of her age. She left a last will and testament made September 25, 1920, which was duly probated in the Surrogate’s Court of Fulton county April 28, 1928. The defendant received therein a legacy of $5,000. The…