Legal Opinion

In re the Estate of Kellner

New York Surrogate's Court

Decided September 26, 1934PublishedCited by 1 opinion

1Opinion of the Court

Whinery, Surrogate.

The will of William H. Kellner, dated June 1st, 1928, including two codicils, each dated June 22d, 1928, was probated by the surrogate of Essex county on September 10th, 1930. On August 13th, 1932, Jane Kellner, a granddaughter of decedent who became of age on March 26th, 1932, petitioned the surrogate to set aside the probate and a rule to show cause was' issued thereon. The executors, on the return day, questioned the jurisdiction of the surrogate and this question was first determined. The *29surrogate decided that, in a proper ease, he had jurisdiction to set aside probate…

2Cases cited8 opinions

  1. In Re the Several Accountings of the Executors of TildenNew York Court of Appeals · 1885
  2. Kirschbaum v. KirschbaumNew Jersey Court of Chancery · 1920
  3. Cameron v. Penn Mutual Life Ins. Co.New Jersey Court of Chancery · 1934
  4. In re KalmowitzNew York Surrogate's Court · 1929
  5. In re the last will & testament of BeggansNew Jersey Superior Court Appellate Division · 1905

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3Cited by1 opinion

  1. In Re the Estate of KellnerSupreme Court of New Jersey · 1937

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