In Re the Estate of Baldwin
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 11,1898, affirming an order of the Surrogate’s Court of the county of Steuben. This was a proceeding for the probate of the will of Henry Baldwin, deceased. The probate was contested upon the grounds of duress, undue influence and the incompetency of the testator. . Objections were also filed to the granting of letters to one of the executors named in the will.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 11,1898, affirming an order of the Surrogate’s Court of the county of Steuben. This was a proceeding for the probate of the will of Henry Baldwin, deceased. The probate was contested upon the grounds of duress, undue influence and the incompetency of the testator. . Objections were also filed to the granting of letters to one of the executors named in the will. The appellant, Tibbitts, who was the other executor, stipulated that if letters were denied to his co executor and…
1Opinion of the Court
Appeal dismissed, with costs, on the ground that the granting of the order was discretionary and, therefore, not reviewable in this court.
Gray, Bartlett, Haight and Vann, JJ., concur; Parker, Oh. J., reads dissenting opinion; O’Brien and Martin, JJ., not voting.
2Cited by1 opinion
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