In re Hatten
New York Court of Common Pleas
Trial of issues in N. T. common pleas, and application for decree of probate on return of verdict. On August 27, 1885, the deceased, Mary Teresa Hatten, departed this life, leaving a will dated the 17th of April, 1880. Upon the petition for probate of the will of the deceased, filed by the executors, the surrogate, in September, 1885, issued his citation to the heirs at law and next of kin, including among others, one Michael Bowen, an uncle of deceased, who filed an answer…
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Trial of issues in N. T. common pleas, and application for decree of probate on return of verdict. On August 27, 1885, the deceased, Mary Teresa Hatten, departed this life, leaving a will dated the 17th of April, 1880. Upon the petition for probate of the will of the deceased, filed by the executors, the surrogate, in September, 1885, issued his citation to the heirs at law and next of kin, including among others, one Michael Bowen, an uncle of deceased, who filed an answer to the petition, with the usual allegations against the probate. Upon the issue thus joined proofs were taken, and on…
1Opinion of the Court
Van Hoesen, J.,
directed that the record be returned to the surrogate, which was accordingly done.
Ransom, Surr., thereupon admitted the will to probate.*
In Matter of Campbell, 48 Hun, 417, it was held that after a trial of the issues at the circuit court, pursuant to a general term reversal of a surrogate’s decree refusing probate of a will, the general term directing the issues to be tried at circuit, the circuit court cannot grant costs, but the verdict should be certified to the surrogate, who should grant or refuse probate accordingly, and it is for him to pass on the question of costs,…
2Cases cited1 opinion
- In re CampbellNew York Supreme Court · 1888
3Cited by1 opinion
- In re BudlongNew York Supreme Court · 1889