Legal Opinion
In re Gannon
New York Surrogate's Court
Decided August 15, 1911PublishedCited by 2 opinions
Proceeding upon the probate of a will.
1Opinion of the Court
Fowler, S.
This proceeding comes before the surrogate on *355allegations to revoke the probate of a will. In such an application, under the former law here applicable, the executor, or persons interested against the allegations, must prove the will de novo by original proofs. This proceeding is very like the former application to rescind the conclusion of a probate court.
On the hearing in this cause great latitude was permitted the petitioners for revocation, because of an allegation ore tenus tendered in court that the will was part of a general plan to obtain possession of the estate of Mary T.…
2Cases cited7 opinions
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- Post v. . MasonNew York Court of Appeals · 1883
- Bottomley v. United StatesU.S. Circuit Court for the District of Massachusetts · 1840
- Lewis v. MasonMassachusetts Supreme Judicial Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Estate of SeeligAppellate Division of the Supreme Court of the State of New York · 2003
- In re the Probate of a Paper Writing Purporting to be the Last Will & Testament of AlfayaNew York Surrogate's Court · 1924