Legal Opinion

In re the Estate of Kananack

New York Surrogate's Court

Decided April 5, 1935PublishedCited by 4 opinions

1Opinion of the Court

Wingate, S.

The sole questions at issue on this motion for reargument are as to whether it is possible to attack collaterally a decree, duly entered in a proceeding to which the present applicant was a party, and whether the provisions of section 79 of the Surrogate’s Court Act mean what they apparently say.

Annie Kananack died on March 30, 1932. Letters of administration on her estate were issued to Meyer Kananack, her husband, on April nineteenth following. By order dated October 4, 1932, these letters were revoked, he was enjoined from further action, and directed to file and proceed to…

2Cases cited14 opinions

  1. Rudd v. . CornellNew York Court of Appeals · 1902
  2. Baucus v. . StoverNew York Court of Appeals · 1882
  3. In re the Estate of AyvazianNew York Surrogate's Court · 1934
  4. In re the Estate of MelzakNew York Surrogate's Court · 1934
  5. In Re the Accounting of HaydenNew York Court of Appeals · 1912

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3Cited by4 opinions

  1. In re the Accounting of KochNew York Surrogate's Court · 1944
  2. In re E. & H. Goldstein Family TrustAppellate Division of the Supreme Court of the State of New York · 2011
  3. In Re Schocker's EstateSouth Dakota Supreme Court · 1961
  4. In re CarpenterNew York Surrogate's Court · 1944

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