Legal Opinion
In re the Estate of Emmons
New York Surrogate's Court
Decided February 16, 1978PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Millard L. Midonick, S.
A petition for probate of the decedent’s will has been filed with the probate department of this court. The petitioner is the nominated coexecutor and son of the decedent. The petitioner has requested that the court dispense with the service of process upon the grandchildren of the decedent who are persons adversely affected by the exercise of powers of appointment in the decedent’s propounded will.
As Paul J. Powers stated in the Supplementary Practice Commentaries to SCPA 1403:
"The Official Form of Probate Petition (Form No. 7) lists *616among the…
2Cases cited2 opinions
- In re the Final Accounting of Morgan Guaranty Trust Co.New York Court of Appeals · 1971
- Rothenberg v. WolfmanNew York Supreme Court · 1958
3Cited by4 opinions
- In re the Estate of BrownNew York Surrogate's Court · 1983
- In re the Estate of BubelierNew York Surrogate's Court · 1987
- In re the Estate of LynchAppellate Division of the Supreme Court of the State of New York · 2001
- In re the Estate of SandefurNew York Surrogate's Court · 1978