In Re the Probate of the Will of Davis
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 2,1905, which affirmed a decree of the Sara-toga County Surrogate’s Court admitting to probate the will of Jane Davis, deceased.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 2,1905, which affirmed a decree of the Sara-toga County Surrogate’s Court admitting to probate the will of Jane Davis, deceased. Also appeal by permission from an order of. said Appellate Division, entered May 2,1905, which affirmed an order of said Surrogate’s Court permitting the administrators of the intestate, appointed in another state, to intervene. Jane Davis, a resident of Galway in the county of Sara-toga, died on the 19tli of September, 1904, leaving a…
1Opinion of the CourtVann, J.
The able opinion below leaves little for us to say, and our only reason for saying anything is that the novelty of the questions presented may make a brief expression of our views useful to the profession.
1. The right of the surrogate to make the order of intervention depends upon the Code of Civil Procedure, which, after naming tile persons who must be cited upon a petition for the probate of a will, provides as follows : “ Any person, although -not cited, who is named as a devisee or legatee in the will propounded, or as executor, trustee," devisee or legatee in any other paper purporting…
2Cases cited4 opinions
- Foster v. FosterNew York Court of Chancery · 1838
- Gombault v. Public AdministratorNew York Surrogate's Court · 1857
- In re the Probate of an Instrument Purporting to be a Codicil to the Last Will & Testament of CoryellAppellate Division of the Supreme Court of the State of New York · 1896
- Turhune v. BrookfieldNew York Surrogate's Court · 1854
3Cited by113 opinions
- Kirkbride v. Van NoteNew York Court of Appeals · 1937
- In re Proving the Last Will & Testament & Codicil Thereto of EmmonsAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Probate of the Will of PascalNew York Court of Appeals · 1955
- Siegel v. NovakDistrict Court of Appeal of Florida · 2006
- In re the Estate of WebbNew York Surrogate's Court · 1923
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