Legal Opinion

In re Proving the Last Will & Testament of Widmayer

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1900PublishedCited by 3 opinions

Appeal by the proponent, William F. Widmayer, from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 5th day of March, 1900, refusing probate to a paper propounded as the last will and testament of Johanna B. Widmayer, deceased.

1Opinion of the Court

Rumsey, J.:

It is conceded that no findings have been made and that the decision of the surrogate is contained in the decree to which an exceptian has been taken, and it is objected by the respondents that as. there are no findings, the case is not in a situation to be heard in this court.

Section 2545 of the Code of Civil Procedure requires the surrogate to file in his office a decision in writing’ which must state separately the facts found and the conclusions of law, and provides that either party may, upon' the settlement of a case, request a finding upon any question of fact, or a ruling…

2Cases cited3 opinions

  1. Angevine v. . JacksonNew York Court of Appeals · 1886
  2. Burger v. . BurgerNew York Court of Appeals · 1888
  3. In re PeckNew York Supreme Court · 1891

3Cited by3 opinions

  1. In re the Estate of SprathoffNew York Surrogate's Court · 1906
  2. In re Farmers & Mechanics Trust Co.Appellate Division of the Supreme Court of the State of New York · 1933
  3. Simpson v. ManeyNew York Surrogate's Court · 1906

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