Legal Opinion

In re the Estate of Sakel

New York Surrogate's Court

Decided July 8, 1959PublishedCited by 2 opinions

1Opinion of the Court

S. Samuel Di Falco, S.

The present motions present a question of law respecting the power of the court to direct an examination before trial of the proponent on issues that are to be tried preliminarily to the main issues in the probate proceeding.

The amended petition for probate of the will listed as distributees of the testator seven persons described as “ a first cousin of deceased ”. The petitioner describes herself as “ surviving wife and executrix ”. A large number of other persons are named as possible distributees, if living. Seven of the cousins have appeared in the proceeding and…

2Cases cited7 opinions

  1. In Re the Probate of the Will of CookNew York Court of Appeals · 1926
  2. Marie Dorros, Inc. v. Dorros Bros.Appellate Division of the Supreme Court of the State of New York · 1948
  3. Loonsk Bros. v. MednickAppellate Division of the Supreme Court of the State of New York · 1935
  4. Etter v. Early Foundry Co.New York Supreme Court · 1937
  5. In re Proving the Last Will & Testament of ErlangerAppellate Division of the Supreme Court of the State of New York · 1930

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In re the Probate of the Will of DanielsonNew York Surrogate's Court · 1961
  2. In re the Probate of the Will of SakelAppellate Division of the Supreme Court of the State of New York · 1959

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