Legal Opinion
Evans v. Trimble
New York Supreme Court
Decided January 15, 1915PublishedCited by 3 opinions
Action under section 2653a of the Code of Civil Procedure to vacate the probate of a will.
1Opinion of the CourtRudd, J.
On June 17,1910, Elizabeth T. Evans, the wife of Charles P. Evans, the plaintiff, executed a paper which has been admitted to probate by the surrogate of Albany county as the last will and testament of Elizabeth T. Evans.
By the decree of the surrogate granting probate to the instrument mentioned, probate was denied to a paper dated March 19, 1912, which was then claimed by Charles P. Evans, who is the plaintiff in this action, to be the last will and testament of Elizabeth T. Evans.
This action is brought under section 2653a of the Code of Civil Procedure in which judgment is asked decreeing…
2Cases cited2 opinions
- In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
- In re Probate of the Last Will & Testament of GallupAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- In re the Probate of the Will of AndersonNew York Surrogate's Court · 1956
- In re the Probate of the Last Will & Testament of SchillingerNew York Surrogate's Court · 1929
- Evans v. TrimbleAppellate Division of the Supreme Court of the State of New York · 1915