Legal Opinion

In re the Probate of the Will of Haddock

New York Surrogate's Court

Decided May 17, 1960PublishedCited by 7 opinions

1Opinion of the Court

John D. Bennett, S.

This is a probate proceeding in which the petitioner has moved to dismiss objections filed by a son and a daughter of the decedent on the ground that they are not persons interested, who are permitted to file objections under section 147 of the Surrogate’s Court Act. In that contention the petitioner appears to be correct.

To be an ‘‘ interested person ’ ’ who can contest a will, there must be a pecuniary loss. The intestate share of each of the objecting parties is 25% of the estate, while under the provisions of the will each receive 33% % of the estate. The will…

2Cases cited2 opinions

  1. In re the Probate of the Will of BallmannNew York Surrogate's Court · 1950
  2. Baxter v. BaxterNew York Supreme Court · 1894

3Cited by7 opinions

  1. In re the Estate of ChadwellNew York Surrogate's Court · 1968
  2. In re the Estate of BasileNew York Surrogate's Court · 1970
  3. In re the Estate of EisenfeldNew York Surrogate's Court · 1966
  4. In re Estate of BrumerAppellate Division of the Supreme Court of the State of New York · 1979
  5. In re Estate of BrumerAppellate Division of the Supreme Court of the State of New York · 1979

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