In re the Probate of the Instrument, Dated September 8, 1913, Alleged to Be a Will of Potter
Appellate Division of the Supreme Court of the State of New York
Appeal by William 0. Feathers, named as executor in the above instrument, from an order of the Surrogate’s Court of the county of Rensselaer, entered in the office of said Surrogate’s Court on the 21st day of April, 1915, denying his petition.
1Opinion of the Court
Order affirmed, with costs, on the opinion of the county judge, acting as surrogate.
All concurred.
The following is the opinion of the court below:
Tierney, J.:
This is a motion made upon a petition filed March 3, 1915, for the discontinuance of proceedings to probate the above-named instrument as the last will and testament of Charlotte Potter, deceased.
*459Charlotte Potter died on the 2d day of April, 1914. On the 7th day of October, 1914, an alleged will, together with a petition asking for its probate, was filed in the Surrogate’s Court of Eensselaer county, which said alleged will bore the date…
2Cases cited3 opinions
- Matter of LasakNew York Court of Appeals · 1892
- Dodd v. AndersonNew York Supreme Court · 1908
- In re the Probate of the Alleged Last Will & Testament of MillerAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- In re Proving the Last Will & Testament of PinkneyNew York Surrogate's Court · 1921
- In re the Probate of the Will of CourtenayNew York Surrogate's Court · 1949
- In re the Probate of the Will of DrubinNew York Surrogate's Court · 1961