Legal Opinion

In re the Probate of the Last Will & Testament of Healy

New York Surrogate's Court

Decided May 15, 1899PublishedCited by 4 opinions

Proceedings upon probate of a will.

1Opinion of the Court

Fitzgerald, S.

This is a proceeding to probate a will. The testator left him surviving no widow, descendants, parents, brothers or sisters. He left nephews, nieces, the issue of deceased nephews and nieces, and the issue of deceased uncles and aunts. Ho uncles or aunts survive him. The question has arisen whether, in addition to citing the nephews, nieces and the issue of deceased nephews and nieces, it is necessary also to cite the issue of deceased uncles and aunts. Thé will relates to real and personal property, and the heirs and next of kin of the testator must be cited. The nephews,…

2Cases cited5 opinions

  1. Pond v. BerghNew York Court of Chancery · 1843
  2. Hannan v. OsbornNew York Court of Chancery · 1834
  3. Hyatt v. PugsleyNew York Supreme Court · 1856
  4. Hurtin v. ProalNew York Surrogate's Court · 1855
  5. Adams v. SmithNew York Supreme Court · 1887

3Cited by4 opinions

  1. In re the Judicial Settlement of the Account of DavenportAppellate Division of the Supreme Court of the State of New York · 1901
  2. In re the Estate of DunningNew York Surrogate's Court · 1905
  3. In re the Judicial Settlement of the Account of DavenportNew York Surrogate's Court · 1901
  4. In re the Accounting of City Bank Farmers Trust Co.New York Surrogate's Court · 1950

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