Legal Opinion

In re the Estate of Johnston

New York Surrogate's Court

Decided September 28, 1937No. 1Published

1Opinion of the Court

Wingate, S.

This is a petition for letters by the executrix named in the will which has been duly admitted to probate. Prior to such probate the executrix renounced. Thereafter she filed a document in this court purporting to retract such renunciation.

Certain of the statutory distributees of the decedent oppose the application for letters on the ground that such renunciation was made pursuant to an agreement between all interested parties that a contemplated contest of the will should be withheld provided such renunciation was made and certain other enumerated acts performed by the present…

2Cases cited4 opinions

  1. In re Probate of the Last Will and Testament of BaldwinAppellate Division of the Supreme Court of the State of New York · 1898
  2. In re Proving the Will of CornellNew York Surrogate's Court · 1893
  3. In re the Estate of TredwellAppellate Division of the Supreme Court of the State of New York · 1902
  4. In Re the Estate of BaldwinNew York Court of Appeals · 1899

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