Legal Opinion
In re the Probate of the Last Will & Testament of, & a Codicil Thereto of Dein
New York Surrogate's Court
Decided November 25, 1929PublishedCited by 10 opinions
1Opinion of the Court
Slater, S.
Henry J, Dein, an adopted son of the decedent, is contesting the will. A question of his status arises and the court will consider this question before proceeding with the contest.
If the adoption of Henry Jacob Dein is legal, he is an heir at law. If it is void, he is not. Whether or not he is a proper party to this proceeding depends upon the legality of his adoption. The power is vested in the surrogate to hear and determine the question of status. (Surrogate’s Court Act, § 40, as amd. by Laws of 1921, chap. 439.)
*245It appears that Jacob Muller, now Henry J. Dein, was adopted…
2Cases cited5 opinions
- Matter of BistanyNew York Court of Appeals · 1924
- In re MacLeanNew York Surrogate's Court · 1919
- People ex rel. Lentino v. FeserAppellate Division of the Supreme Court of the State of New York · 1921
- People ex rel. Pickle v. PickleAppellate Division of the Supreme Court of the State of New York · 1925
- In re BistanyAppellate Division of the Supreme Court of the State of New York · 1924
3Cited by10 opinions
- In re the Adoption of DavisNew York Surrogate's Court · 1932
- Estate of SmithCalifornia Court of Appeal · 1948
- In re the Adoption of MarksNew York Surrogate's Court · 1936
- In re the Adoption of PadenNew York Surrogate's Court · 1943
- In re ConnollyNew York Surrogate's Court · 1935
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