In re the Estate of Hodgman
New York Surrogate's Court
Motion to vacate an order for examination before trial.
1Opinion of the Court
Foley, S.
This is a motion to vacate an order for the examination before trial of the proponent. The proponent is also the sole legatee under the will propounded. My distinguished predecessor, Surrogate Fowler, held in Matter of Hodgman, 107 Misc. Rep. 70, in this very estate, that the provisions of section 870 of the Code of Civil Procedure, et sequitur did not apply to the Surrogate’s Court and were-not made applicable by the provisions of section 2770- of the Code of Civil Procedure, on the theory that those sections applied only to actions and not to proceedings in this court Thereupon…
2Cases cited12 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
- In Re the Probate of the Last Will of MondorfNew York Court of Appeals · 1888
- People Ex Rel. Lewis v. . FowlerNew York Court of Appeals · 1920
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3Cited by12 opinions
- In re the Estate of Van ValkenburghNew York Surrogate's Court · 1927
- In re the Judicial Settlement of the Account of Proceedings of Van VolkenburghAppellate Division of the Supreme Court of the State of New York · 1929
- In re the Estate of BritschNew York Surrogate's Court · 1926
- In re the Estate of HeughesNew York Surrogate's Court · 1932
- In re the Estate of EliasNew York Surrogate's Court · 1926
7 more not listed; retrieve them via the Exa API.