Legal Opinion
In re Hilliard's Estate
New York Surrogate's Court
Decided June 1, 1916PublishedCited by 1 opinion
In the matter of the estate of Caroline G. Hilliard. Application for construction of will. Application denied.
1Opinion of the Court
FOWLER, S.
The surrogate has authority to construe a will in an accounting proceeding only when it is necessary to make such determination. Section 2510, C. C. P.; Garlock v. Vandervort, 128 N. Y, 374, 28 N. E. 599. The rule is well stated in Washbon v. Cope, 144 N. Y. at page 295, 39 N. E. at page 390, where it is said:
“As a general rule, the surrogate has no jurisdiction to construe the provisions of a will, except ini so far as it is necessary for him so to do in order that he may properly perform some other duty’’ (citing Mellen v. Mellen, 139 N. Y. 210, 34 N. E. 925).
In Re Davis, 105 App.…
2Cases cited6 opinions
- Mellen v. . MellenNew York Court of Appeals · 1893
- Horton v. . CantwellNew York Court of Appeals · 1888
- Garlock v. . VandevortNew York Court of Appeals · 1891
- In re the Probate of the Last Will & Testament of DavisAppellate Division of the Supreme Court of the State of New York · 1905
- Allen v. . ClarkNew York Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re SmithNew York Surrogate's Court · 1916