Legal Opinion

Fountain v. Carter

New York Surrogate's Court

Decided January 15, 1884PublishedCited by 3 opinions

Consolidated applications by William and Samuel Gedney, next of kin of decedent, and by Korman Fountain, attorney in fact for others, to revoke the probate of her will, whereby Margaret D. Griswold was constituted residuary legatee and devisee. Further facts appear in the opinion.

1Opinion of the Court

The Surrogate.

I am asked to dismiss a proceeding which, seeks the revocation of the probate of this decedent’s will. It is provided by the Code of Civil Procedure (§ %61¡.8), that (except in certain cases which need not here be specified) a petition for such revocation must be presented within one year after the recording of the decree admitting the will to probate. Succeeding sections provide that, upon presentation of such petition, a citation must issue to the executor, the devisees and legatees named in the will, and all persons who were parties to' the proceeding in which probate was…

2Cases cited1 opinion

  1. McKenzie v. L'AmoureuxNew York Supreme Court · 1851

3Cited by3 opinions

  1. In re Bradley's WillNew York Supreme Court · 1893
  2. In re Bonnett's WillNew York Surrogate's Court · 1888
  3. In re Phalen's WillNew York Surrogate's Court · 1888

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API