Legal Opinion

In re the Probate of the Will of Hopkins

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1904PublishedCited by 1 opinion

Reargument of an appeal by the petitioner, Fanny W. Hopkins, ,from an order of the Surrogate’s Court of the cbnnty of Westchester, entered in said Surrogate’s Court on the 15th day of June, 1903, denying the petitioner’s motion to vacate an order of the Surrogate’s Court, entered upon a remittitur from the Court of Appeals, an order of the Surrogate’s Court appointing the Farmers’ Loan and Trust Company temporary administrator of the estate of Robert E. Hopkins, deceased,…

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Reargument of an appeal by the petitioner, Fanny W. Hopkins, ,from an order of the Surrogate’s Court of the cbnnty of Westchester, entered in said Surrogate’s Court on the 15th day of June, 1903, denying the petitioner’s motion to vacate an order of the Surrogate’s Court, entered upon a remittitur from the Court of Appeals, an order of the Surrogate’s Court appointing the Farmers’ Loan and Trust Company temporary administrator of the estate of Robert E. Hopkins, deceased, and an order of the Surrogate’s Court appointing Fanny W. Hopkins temporary administratrix of said estate in place of the…

1Opinion of the Court

Willard Bartlett, J.:

In August, 1901, an instrument propounded as the last will and testament of Robert E. Hopkins, deceased, was admitted to probate by a decree of the Surrogate’s Court of Westchester county. In June, 1902, the decree was affirmed by this Appellate Division. (Matter of Hopkins, 73 App. Div. 559.) In November of the same year the order of the Appellate Division and the decree of the Surrogate’s Court were reversed by the Court of Appeals, and the proceedings were remitted to Westchester county for a trial before a jury in the Supreme Court to determine whether the will in…

2Cases cited6 opinions

  1. In Re the Probate of the Will of HopkinsNew York Court of Appeals · 1902
  2. Thomson v. . TracyNew York Court of Appeals · 1875
  3. In re the Probate of the Last Will & Testament of HopkinsAppellate Division of the Supreme Court of the State of New York · 1902
  4. Parish v. ParishAppellate Division of the Supreme Court of the State of New York · 1903
  5. In Re the Probate of the Will of HopkinsNew York Court of Appeals · 1903

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3Cited by1 opinion

  1. Typothetæ of New York v. Typographical Union No. 6Appellate Division of the Supreme Court of the State of New York · 1910

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