In re the Estate of Barandon
New York Surrogate's Court
Proceedings upon the judicial settlement of the account of an executor.
1Opinion of the Court
Thomas, S.
The decree admitting the will to probate does not establish conclusively, for the purpose of determining the rights of the parties on the distribution of the esate, that the testator was, at the time of his death, a resident of the county and State of New York. One reason for this is that the principal legatee, the Village of Eeldis, was not a party to the probate proceeding and can neither be estopped nor benefited by that decree. Concha v. Concha, 11 App. Cas. 541; cited with approval in Overby v. Gordon, 177 U. S. 214. No finding of fact of the residence of the testator was made…
2Cases cited10 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Overby v. GordonSupreme Court of the United States · 1900
- Donegan v. WadeSupreme Court of Alabama · 1881
- Bryant v. ThompsonNew York Supreme Court · 1891
- In re Stewart's WillNew York Surrogate's Court · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re Kathan's WillNew York Surrogate's Court · 1913
- Schiffer v. BrentonMichigan Supreme Court · 1929
- In re the Accounting of SchneiderNew York Surrogate's Court · 1950
- Flatauer v. LoserAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Probate of the Will of vom SaalNew York Surrogate's Court · 1913
3 more not listed; retrieve them via the Exa API.