In re the Probate of the Last Will & Testament of Spratt
Appellate Division of the Supreme Court of the State of New York
Appeal by William N. Le Page, one of the legatees named in an instrument bearing date the 25th day of May, 1893, propounded as the last will and testament of Julia Ann Spratt, deceased, from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 23d day of March, 1895, declaring null and void the said instrument and admitting to probate an instrument dated April 24, 1893, as and for the last will and testament of Julia Ann…
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Appeal by William N. Le Page, one of the legatees named in an instrument bearing date the 25th day of May, 1893, propounded as the last will and testament of Julia Ann Spratt, deceased, from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 23d day of March, 1895, declaring null and void the said instrument and admitting to probate an instrument dated April 24, 1893, as and for the last will and testament of Julia Ann Spratt, deceased.
1Opinion of the Court
Rumsey, J.:
The respondents object to the consideration of this appeal for the reason that no exceptions to the decision of the surrogate were filéd by the appellant. Section 2545 of the Code of Civil Procedure provides for the taking of exceptions to a ruling made by the surrogate upon the trial. It also provides that the surrogate must file his decision in each case, which must state separately the . facts found and the conclusion of law, and that either party may,'upon the settlement of the case, request a finding upon any question of law, and an exception may be taken to such finding or…
2Cases cited7 opinions
- Cudney v. . CudneyNew York Court of Appeals · 1877
- In re SeagristAppellate Division of the Supreme Court of the State of New York · 1896
- Brick v. . BrickNew York Court of Appeals · 1876
- Angevine v. . JacksonNew York Court of Appeals · 1886
- In re Bedlow's WillNew York Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In Re Estate of OlsonSupreme Court of Minnesota · 1948
- Hayes v. KerrAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Probate of the Last Will & Testament of DrakeAppellate Division of the Supreme Court of the State of New York · 1899
- In re Probate of the Last Will & Testament of CornellAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Probate of the Last Will & Testament of ArmstrongNew York Surrogate's Court · 1907
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