Legal Opinion

In re Briggs

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 1917PublishedCited by 8 opinions

Appeal by the petitioner, Julia B. Briggs, from an order of the Surrogate’s Court of the county of Albany, entered in the office of said Surrogate’s Court on the 13th day of September, 1917, granting the motion of certain interested parties for her examination herein, and also from the order granting the same relief entered on the minutes of said Surrogate’s Court on the 6th day of September, 1917.

1Opinion of the Court

Woodward, J.:

The appellant petitioned the Surrogate’s, Court of Albany county for the probate of'the alleged last will and testament of Amos Briggs, deceased. She was the second wife of the testator, was named as executrix of the will and was the residuary legatee thereunder. Upon the return of the citation the respondents’ counsel was accorded opportunity to examine the subscribing witnesses prior to filing any objection to the probate. The appellant did not take the stand, nor was her testimony offered or used in any manner as evidence in the proceeding, nor was any witness called except…

2Cases cited2 opinions

  1. In Re the Judicial Settlement of the Accounts of HawleyNew York Court of Appeals · 1887
  2. Heishon v. . Knickerbocker Life Insurance Co.New York Court of Appeals · 1879

3Cited by8 opinions

  1. In re the Probate of the Will of CarllNew York Surrogate's Court · 1951
  2. In re the Estate of LachmanNew York Surrogate's Court · 1979
  3. In re the Estate of HirschNew York Surrogate's Court · 1929
  4. In re the Probate of the Will of BaumNew York Surrogate's Court · 1957
  5. In re the Estate of MarshallNew York Surrogate's Court · 2005

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