Legal Opinion
In re the Estate of Marsullo
New York Surrogate's Court
Decided May 27, 1936PublishedCited by 2 opinions
1Opinion of the Court
Foley, S.
This is an application (1) to vacate a decree, dated May 27, 1927, construing the will of the testator, and (2) to vacate a subsequent decree, dated December 11, 1928, settling the final account of the executors. The application is based upon a claim of fraud alleged to have been exercised by the attorney for the estate, in the procurement from the petitioner, a son of the testator, of his signature to a consent to the making and entry of the decree in the construction proceeding. It is evident from the petition that the petitioner is of the belief that a substantiation of his charge…
2Cases cited9 opinions
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Tillman v. . OgrenNew York Court of Appeals · 1920
- Clay v. . WoodNew York Court of Appeals · 1897
- In Re the Final Accounting of GardnerNew York Court of Appeals · 1893
- Post v. . MooreNew York Court of Appeals · 1905
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3Cited by2 opinions
- In re the Accounting of BishopNew York Surrogate's Court · 1943
- In re the Estate of PfeifferNew York Surrogate's Court · 1937