Dobke v. McClaran
New York Supreme Court
APPEAL from an order of the surrogate of the county of New York denying a motion made by the appellants to rescind or open a previous decree of the surrogate, declaring that a certain instrument propounded by the appellants, the executors named therein, as the last will and testament of John Munro, deceased, was not executed and attested according to law, and that it was null and void.
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APPEAL from an order of the surrogate of the county of New York denying a motion made by the appellants to rescind or open a previous decree of the surrogate, declaring that a certain instrument propounded by the appellants, the executors named therein, as the last will and testament of John Munro, deceased, was not executed and attested according to law, and that it was null and void. The motion was denied by the surrogate solely on the ground, as stated in the order, that the surrogate had no power to grant the motion, or afford the relief asked for.
1Opinion of the CourtSutherland, J.
The appeal is only from the order or decree of the 7th of February, denying the appellants’ motion to rescind or open the previous decree of the 24th of September, declaring that the will was not executed and attested according to law,'and that it was null and void, and to hear further proofs. This last mentioned decree I do not consider to be appealed from. The order of the 7th of February declares on its face, that the motion was denied “ on the ground that the surrogate has no power to grant the said motion, nor any part of the relief asked for.” We must assume, then, that the motion was…
2Cases cited3 opinions
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Pew v. HastingsNew York Court of Chancery · 1846
- Proctor v. WanmakerNew York Court of Chancery · 1845
3Cited by15 opinions
- Bailey v. StewartNew York Surrogate's Court · 1876
- Bond v. WilletNew York Court of Appeals · 1864
- In re the Appraisal under an Act Relating to Taxable Transfers of the Property of EarleAppellate Division of the Supreme Court of the State of New York · 1902
- Gill v. . BrouwerNew York Court of Appeals · 1868
- In re HendersonAppellate Division of the Supreme Court of the State of New York · 1898
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