Long v. Rodgers
New York Supreme Court
' Appeal from special term, New York county. Action by Mary Foster Long and others against Marion L. Rodgers and others, impleaded with Charles H. Seymour, individually and as executor of George W. Long, deceased, to contest the validity of the probate of decedent’s will. F’rom an order restraining the executor from proceeding in the surrogate’s court for a judicial settlement of his accounts pending the action, defendants appeal.
1Opinion of the CourtBarrett, J.
The precise question here is whether, under section 2653a1 of the Code of Civil Procedure, enacted in 1892 (chapter 591), the next of kin of a testator can maintain an action in this court, after the expiration of one year from probate of the will, to have the invalidity of such probate determined. The injunction which was granted at special term restrained Mr. Seymour, as executor of the deceased, Long, from proceeding in the surrogate’s court with the judicial settlement of his accounts. These accounts had reference solely to the personalty. If, therefore, the probate of the will as a will…
Also in this document: Concurrence.
2Cases cited2 opinions
- Anderson v. . AndersonNew York Court of Appeals · 1889
- Hoyt v. . HoytNew York Court of Appeals · 1889
3Cited by4 opinions
- Bowen v. SweeneyNew York Supreme Court · 1895
- Snow v. HamiltonNew York Supreme Court · 1895
- Katz v. SchnaierNew York Supreme Court · 1895
- Shea v. BergenNew York Supreme Court · 1908