Legal Opinion

In re Proving the Last Will & Testament of Wolfe

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1917PublishedCited by 3 opinions

Appeal by Georgie B. Wentz and others from an order of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 16th day of October, 1917, denying a motion by the contestants to open a default in a proceeding to probate a will.

1Per curiam

While we are extremely reluctant to review an order of the Surrogate’s Court resting upon discretion, we feel that the present case is one in which we should not hesitate to exercise our power in that regard.

The affidavits presented by the contestants appear to make it not improbable that they may be able to successfully prevent the admission of the will to probate, if afforded an opportunity, and these affidavits are met by very unconvincing denials on the part of those interested in upholding the will. The contestants did not voluntarily change their counsel on the eve of the trial. They…

2Cited by3 opinions

  1. In re the Probate of the Last Will & Testament of BurnhamNew York Surrogate's Court · 1921
  2. In re the Probate of the Last Will & Testament of WalshNew York Surrogate's Court · 1919
  3. In re the Probate of the Last Will and Testament of MaurerAppellate Division of the Supreme Court of the State of New York · 1923

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