Williams v. Fitch
New York Supreme Court
Appeal from the surrogate’s court of Cayuga county. Enoch D. Bennett in his lifetime made and published his will, bearing date January 10th, 1850, and died on the 9th day of February next following.
Read the full summary
Appeal from the surrogate’s court of Cayuga county. Enoch D. Bennett in his lifetime made and published his will, bearing date January 10th, 1850, and died on the 9th day of February next following. The will was admitted to probate February 12th, 1850, and letters of administration with the will annexed were afterwards granted to Abijah Fitch, within one year after such probate; and on or about the 11th day of February, 1851, the present appellant, as one of the next of kin to the testator, filed in the office of the surrogate, his allegations against the validity of the will, with a view to…
1Opinion of the Court
By the Court, Welles, P. J.
The statute provides that ' appeals from decisions of surrogates, revoking or confirming probates of wills in pursuance of allegations filed against their validity, or against the competency of the proof thereof, “ may be made in the manner, within the time and with the effect prescribed by law.” (2 R. S. 62, § 35".) This is all that is to be found in the statute, in relation to an appeal from a decision, such as we are now called upon to review. It merely gives the right to appeal, and leaves to other provisions of the statute to direct the time in which it-is to…
2Cited by1 opinion
- Magill v. North Dakota Millers' Ass'nAppellate Division of the Supreme Court of the State of New York · 1898