Legal Opinion
In Re the Probate of the Will of Reimers
New York Court of Appeals
Decided April 11, 1933PublishedCited by 10 opinions
1Opinion of the CourtCrane, J.
The court decided in Dodd v. Anderson (197 N. Y. 466) that an executor named in a purported will was not entitled to his disbursements where the will offered by him was refused probate. This decision reversed the reasoning of the lower courts in the same case (112 N. Y. Supp. 414; 131 App. Div. 224). Where the will had first been admitted to probate, but subsequently probate was refused and the will rejected, this court had said that the executor was entitled to his disbursements. (Shaffer v. Bacon, 35 App. Div. 248; affd., 161 N. Y. 635.)
This anomalous condition of the law was immediately…
2Cases cited7 opinions
- Matter of LasakNew York Court of Appeals · 1892
- Dodd v. . AndersonNew York Court of Appeals · 1910
- In Re Proving the Will of StaigerNew York Court of Appeals · 1928
- Shaffer v. BaconAppellate Division of the Supreme Court of the State of New York · 1898
- Dodd v. AndersonAppellate Division of the Supreme Court of the State of New York · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re the Adoption of ManziNew York Surrogate's Court · 1935
- In Re the Probate of the Will of ReimersNew York Court of Appeals · 1934
- In re the Estate of WatsonNew York Surrogate's Court · 1933
- In re Proving the Last Will & Testament of ForemanAppellate Division of the Supreme Court of the State of New York · 1933
- In re the Estate of BehrendtNew York Surrogate's Court · 1981
5 more not listed; retrieve them via the Exa API.