Vanderpoel v. . Van Valkenburgh
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the third district, where a decree, made upon a receiver’s bill, had been vacated, on a rehearing, and the plaintiff’s bill dismissed, with costs.
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Appeal from the general term of the Supreme Court, in the third district, where a decree, made upon a receiver’s bill, had been vacated, on a rehearing, and the plaintiff’s bill dismissed, with costs. This was a receiver’s bill, filed in the late court of chancery, to subject the equitable interest of William P. Van Alstyne, a judgment-debtor, in a mortgage of $2000, given by Abraham P. Van Alstyne, one of the defendants, to John J. Van Valkenburgh, the other defendant, in trust for the said William P. Van Alstyne, to the payment of certain judgments obtained against him. Van Burén and Garner…
1Opinion of the Court
*Gardiner, J.
— The judgment of the surro- -■ gate, in admitting the will in this case (which relates only to personal property) to probate, is the decision of a court of competent and exclusive jurisdiction, which cannot be impeached collaterally. (2 R. S. 61, § 29; 7 Paige 397; 3 Barb. Oh. 481.) The 29th section of the statute (2 R., S. 61) declaring the probate of wills of personal property conclusive, does not necessarily conflict with the 18th section of the act of 1837, which makes the 15th section of the revised statutes, in relation to wills of real estate, applicable to wills of…
2Cases cited1 opinion
- Bogardus & Clark v. ClarkNew York Court of Chancery · 1834
3Cited by15 opinions
- Mutual Benefit Life Insurance v. TisdaleSupreme Court of the United States · 1876
- Post v. . MasonNew York Court of Appeals · 1883
- Hyland v. . BaxterNew York Court of Appeals · 1885
- In Re Proving the Will of HortonNew York Court of Appeals · 1916
- Carroll v. . CarrollNew York Court of Appeals · 1875
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