Legal Opinion
In re Proving the Last Will & Testament of Kimmerle
New York Surrogate's Court
Decided November 14, 1927PublishedCited by 2 opinions
1Opinion of the Court
Schulz, S.
Two motions were made by different parties for the same relief, namely, to vacate a notice which had been given by a contestant for the examination of witnesses before trial, upon various grounds stated.
The provisions of the Civil Practice Act relating to such an examination are applicable to the Surrogate’s Court. (Surrogate’s Court Act, § 316; Matter of Levy, 198 App. Div. 773; People ex rel. Lewis v. Fowler, 229 N. Y. 84.)
The probate proceeding is actually pending and objections have been filed; hence the notice is not premature. (Civ. Prac. Act, § 288; Matter of Levy, supra.)
The…
2Cases cited11 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
- People Ex Rel. Lewis v. . FowlerNew York Court of Appeals · 1920
- Sands v. ComerfordAppellate Division of the Supreme Court of the State of New York · 1925
- In re the Probate of the Last Will & Testament & the Codicil Thereto of McDonoughAppellate Division of the Supreme Court of the State of New York · 1922
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3Cited by2 opinions
- In re the Probate of the Will of GehlertNew York Surrogate's Court · 1942
- In re the Accounting of New Rochelle Trust Co.New York Surrogate's Court · 1950