Legal Opinion

In Re the Probate of the Will of Reimers

New York Court of Appeals

Decided May 28, 1935PublishedCited by 1 opinion

The discretion exercised by the Surrogate was not subject to review by the Appellate Division unless it found that there was an abuse of discretion. (Matter of Staiger, 249 N. Y. 229; Matter of' Selleck, 111 N. Y. 284; Day v. Donahue, 62 N. J. L. 380; People v. N. Y. C. R. R. Co., 29 N. Y. 418.) The Surrogate properly exercised the discretion reposed in him by section 278 of the Surrogate’s Court Act.

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The discretion exercised by the Surrogate was not subject to review by the Appellate Division unless it found that there was an abuse of discretion. (Matter of Staiger, 249 N. Y. 229; Matter of' Selleck, 111 N. Y. 284; Day v. Donahue, 62 N. J. L. 380; People v. N. Y. C. R. R. Co., 29 N. Y. 418.) The Surrogate properly exercised the discretion reposed in him by section 278 of the Surrogate’s Court Act. (Matter of Reimers, 261 N. Y. 337; 264 N. Y. 62.) There is no question of law herein involved. (Wood-ruff v. Imperial Fire Ins. Co., 90 N. Y. 521; McDonald v. Buffalo L. T. & S. 0. Co., 193 N.…

1Opinion of the Court

Crane, Ch. J.

This matter has been here before (Matter of Reimers, 261 N. Y. 337; 264 N. Y. 62).

The appellants were executors named in a will which they sought to probate. A later will was filed and they thereupon became contestants. The later will was admitted to probate and the Surrogate pursuant to section 278 of the Surrogate’s Court Act made them a substantial allowance for costs and expenses of the contest. Cross-appeals were taken to the Appellate Division, one by the contestants to review the admission of the second will to probate, and the other by the executors of that will to strike…

2Cases cited4 opinions

  1. Matter of FlaglerNew York Court of Appeals · 1928
  2. In Re Proving the Will of StaigerNew York Court of Appeals · 1928
  3. In Re the Probate of the Will of ReimersNew York Court of Appeals · 1934
  4. In Re the Probate of the Will of ReimersNew York Court of Appeals · 1933

3Cited by1 opinion

  1. In re the Accounting of BorstNew York Surrogate's Court · 1952

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