Legal Opinion
In re the Probate of the Will of Mussman
New York Surrogate's Court
Decided July 7, 1961PublishedCited by 2 opinions
1Opinion of the Court
Maximilian Moss, S.
This is a motion for an order directing the proponent, who is decedent’s widow, to appear for an examination before trial to enable petitioner to frame objections to the propounded instrument bearing date March 10, 1961, and for other relief.
The filing of a petition and service of a citation in a Surrogate ’s Court proceeding is analogous to the service of a summons and complaint in an action brought in a court of record pursuant to the Civil Practice Act (Surrogate’s Ct. Act, § 48; Matter of Joslin, 74 Misc. 332). Under article 29 of the Civil Practice Act (§ 288 et seq.)…
2Cases cited11 opinions
- Claim of Raymond v. Estate of DavisNew York Court of Appeals · 1928
- In Re the Probate of the Will of CookNew York Court of Appeals · 1926
- Public National Bank v. National City BankNew York Court of Appeals · 1933
- In re the Probate of the Will of SchultzNew York Surrogate's Court · 1943
- In re the Estate of EnrightNew York Surrogate's Court · 1931
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3Cited by2 opinions
- Rochelle S. Moser v. Anne Sisko Pollin, Irvin Pollin, Hyman Sisko, and George M. CerroneCourt of Appeals for the Second Circuit · 2002
- Weizmann Institute of Science v. NeschisDistrict Court, S.D. New York · 2002