Legal Opinion

In re the Estate of Heye

New York Surrogate's Court

Decided December 28, 1933PublishedCited by 7 opinions

1Opinion of the Court

Feely, S.

A last will cannot be set aside at the suit of one who, though there be a probability of success for his effort, still could not legally take as his own any part of the estate even if he were to succeed in establishing decedent died intestate. The proponents claim this decedent’s brother, C. Thayer Pennington- — • the latter’s natural father being still living — was such a stranger to this estate, as well as those who now claim under this brother, he having died four days before his objections were filed herein. This filing was irregular and raised no issue. Since his death,…

2Cases cited26 opinions

  1. In Re the Appraisal, Under the Transfer Tax Act, of the Estate of CookNew York Court of Appeals · 1907
  2. In Re the Accounting of LeaskNew York Court of Appeals · 1910
  3. Carpenter v. . Buffalo General Electric Co.New York Court of Appeals · 1914
  4. Avery v. . EverettNew York Court of Appeals · 1888
  5. Rochester Distilling Co. v. RaseyNew York Court of Appeals · 1894

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3Cited by7 opinions

  1. In re the Accounting of FodorNew York Surrogate's Court · 1952
  2. In re the Estate of TrainorNew York Surrogate's Court · 1965
  3. In re the Estate of GourlayNew York Surrogate's Court · 1940
  4. People ex rel. Marabottini v. FarrNew York Supreme Court · 1942
  5. In re the Accounting of JohnsonNew York Surrogate's Court · 1945

2 more not listed; retrieve them via the Exa API.

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