Legal Opinion

In re the Estate of Gillender

New York Surrogate's Court

Decided January 15, 1917PublishedCited by 2 opinions

Application to give security for costs in a proceeding upon the probate of a will.

1Opinion of the Court

Fowler, S.

This is an application by the proponent of a script purporting to be the last will of the testatrix for an order-*292directing certain persons who filed objections to the probate of the script to give security for costs. While the petitioner alleges that many of the contestants are not next of kin of the testatrix, and are not therefore entitled to file objections to the probate of the script, that issue cannot be determined in this proceeding, as the application is not made to determine the right of the contestants to file objections, but to compel them to give security for any costs…

2Cited by2 opinions

  1. In re the Estate of MeyerNew York Surrogate's Court · 1933
  2. In re the Probate of the Will of BrayNew York Surrogate's Court · 1941

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