In re the Estate of Mack
Appellate Division of the Supreme Court of the State of New York
Appeal by Ellen L. Stillinger from a decree of the Surrogate’s Court of the county of Chautauqua, entered in the office of said Surrogate’s Court on the 13th day of February, 1917, denying her petition for leave to intervene for proceedings to probate an alleged will of Lizzie T. Mack, deceased, and to set aside the probate thereof.
1Opinion of the Court
Kruse, P. J.:
Lizzie'T. Mack died leaving real and personal property. Her father and mother predeceased her and she left no descendants and no brothers and sisters, except a sister of the half blood. The sisters had a common father but different mothers. • The real property came to Lizzie T. Mack by inheritance from her mother. Lizzie T. Mack’s mother had a sister, whose daughter seeks to intervene to contest the will of Lizzie T. Mack. This is resisted by the special guardian of an infant legatee named in the will, upon the ground that the petitioner has no interest in the property of the…
2Cases cited5 opinions
- Estate of KirkendallWisconsin Supreme Court · 1877
- Gilfether v. SmithCalifornia Supreme Court · 1901
- Rowley v. StrayMichigan Supreme Court · 1875
- Robertson v. BurrellIndiana Supreme Court · 1872
- Farmers' Loan & Trust Co. v. PolkAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by1 opinion
- In re the Judicial Settlement of the Account of ClarkNew York Surrogate's Court · 1929