In re Van Wagonen's Will
New York Supreme Court
Appeal from surrogate’s court, "Ulster county. . Motion by David S. Van Wagonen to revoke the probate of the will of William Van Wagonen, deceased. From an order denying the motion, movant appeals.
1Opinion of the CourtMayham, P. J.
Only one point seems to be urged on this appeal for the reversal of the order of the surrogate denying the motion to set aside and vacate the decree of the surrogate admitting the will of the deceased to probate, and that is that the guardian ad litem appointed by the surrogate on the probate of the will is the brother of the surrogate before whom such will was propounded for and admitted to probate. The evidence taken before the surrogate on the proof of the will has not been returned, and this court is not called upon to look into the merits of the question ■as to whether or not the will…
2Cases cited2 opinions
- Underhill v. DennisNew York Court of Chancery · 1841
- In re HopperNew York Court of Chancery · 1835
3Cited by2 opinions
- Saxe v. AndersonDistrict Court, S.D. New York · 1937
- Maiello v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1965