In re Proving the Last Will & Testament & Codicil of Kennedy
Appellate Division of the Supreme Court of the State of New York
Application by the contestants for a stay herein pending the hearing and determination of an appeal from a decree admitting the will to probate.
1Opinion of the Court
Page, J.:
Upon a trial by jury of a contested probate of will, a verdict was directed establishing the will. The decree entered thereon contained these words: “ The surrogate being satisfied on the argument that the preservation of the estate requires that the letters should issue.”
The letters were issued before twelve o’clock on January 17, 1919. The appeal was perfected and the notice of appeal served on the executors and the attorney for the proponents after three o’clock on the same day. There was a devise of certain real estate, the rents of which amount to a substantial sum. The devisees…
2Cases cited4 opinions
- In re Last Will & Testament of HassettAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Application for Temporary Letters of Administration upon the Goods, Chattels & Credits of DurbanAppellate Division of the Supreme Court of the State of New York · 1916
- Logan v. . Fidelity-Phenix Fire Insurance Co. of New YorkNew York Court of Appeals · 1917
- In re the Estate of DaytonNew York Surrogate's Court · 1917
3Cited by2 opinions
- In re Proving the Last Will & Testament of ShontsAppellate Division of the Supreme Court of the State of New York · 1920
- In re the Estate of HermanowskiNew York Surrogate's Court · 1938