In re Shrader's Will
New York Supreme Court
Appeal from surrogate’s court, Cayuga county. Proceedings for the probate of the will of Cornelia L. Shrader, deceased. From a decree admitting the will to probate, and construing it, except as to that part of the decree which adjudged the will to be properly executed and valid, and which admitted it to probate, J. Albert Shrader and Edward V. Shrader, next of kin and heirs at law and legatees named in the will, appeal.
1Opinion of the CourtMacohber, J.
No question arises upon this appeal touching the sufficiency and proof of the will, and of the disposing mind of the executrix. The appellants, at the time of the return of the citation, filed an answer, which put in issue the validity, construction, and effect of certain portions of the will, and went to trial thereon before the surrogate. Section 2624 of the Code of Civil Procedure provides as follows: “But if a party expressly puts in issue, before the surrogate, the validity, construction; or effect of any disposition of personal property, contained in the will of a resident of the state,…
2Cases cited1 opinion
- Riggs v. . CraggNew York Court of Appeals · 1882
3Cited by7 opinions
- In re SmithNew York Surrogate's Court · 1916
- In re the Probate of the Last Will & Testament & Codicils of AustinAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Judicial Accounting of KeoghNew York Surrogate's Court · 1905
- In re the Construction of the Will of MorgansternNew York Surrogate's Court · 1894
- Austin v. FrazierAppellate Division of the Supreme Court of the State of New York · 1898
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