Pryer v. Clapp
New York Surrogate's Court
The will of the decedent was, after service of a citation upon all parties interested, duly proved and admitted to probate, on November 7th, 1881. Decedent was the wife of George H. Clapp, who was named as executor in her will, and survived her. She died seized of a large estate, both real and personal, and left no descend- . ants.
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The will of the decedent was, after service of a citation upon all parties interested, duly proved and admitted to probate, on November 7th, 1881. Decedent was the wife of George H. Clapp, who was named as executor in her will, and survived her. She died seized of a large estate, both real and personal, and left no descend- . ants. Her heirs-at-law and next of kin were two aunts, an uncle and several first cousins, ail of whom were cited to attend the proving of the will, and none of whom appeared thereupon. On Nov. 6th, 1882, the uncle, James Pryer, and one of the cousins, John S. Rapelye,…
1Opinion of the Court
The Surrogate.
The learned counsel for the petition*389ers is mistaken as to the practice of this court in regard to the contents of the copies of the citation to be served. The uniform practice is to make them correspond with the original, including all the names embraced in the original citation, otherwise they would not be copies. But that is an irregularity which may be cured in various ways, and is hardly worthy of serious consideration in this case, where the parties objecting have appeared.
By § 2647 of the Code, “a person interested in the estate of the decedent ” may, within the time…
2Cited by3 opinions
- In re Bradley's WillNew York Supreme Court · 1893
- In re Bonnett's WillNew York Surrogate's Court · 1888
- In re Phalen's WillNew York Surrogate's Court · 1888