In re Van Ness' Will
New York Surrogate's Court
In the matter of the probate of papers propounded as the last will and testament and a codicil thereto of Corneliús H. Van Ness. On motion to permit Alice Wood Van Ness as proponent to introduce further evidence in support of the original petition. Petition denied. See, also, 78 Mise.
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In the matter of the probate of papers propounded as the last will and testament and a codicil thereto of Corneliús H. Van Ness. On motion to permit Alice Wood Van Ness as proponent to introduce further evidence in support of the original petition. Petition denied. See, also, 78 Mise. Rep. 592, 139 N. Y. Supp. 485. Application on affidavits and notice for an order permitting the proponent, Alice Wood Van Ness, to introduce further evidence in support of her original petition for probate. On December 14, 1912, the surrogate, after a very prolonged trial, made and filed a written decision with…
1Opinion of the Court
FOWLER, S.
After a most extended-trial, deliberate and thorough arguments of counsel and long consideration, the surrogate on December 14, 1912, handed down a written decision on the merits of the *578controversy. The pending motion is virtually an application for a reconsideration of the whole case and for leave to introduce additional testimony, which tends, in proponent’s opinion, to nullify the conclusions actually reached by the surrogate. It ought always to be a subject of great care to the surrogate (of all judicial officers) that fhe door of this court should not be hastily shut against…
2Cases cited4 opinions
- In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
- Mount v. . MitchellNew York Court of Appeals · 1865
- In re Falabella's WillNew York Surrogate's Court · 1913
- Melcher v. StevensNew York Surrogate's Court · 1882