Legal Opinion

In re the Probate of Will of Callahan

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

Decided March 15, 1948PublishedCited by 3 opinions

1Opinion of the Court

We find no convincing showing in petitioner’s [respondent’s] moving papers or in the evidence taken that petitioner was misled into not interposing timely objections to the probate of the will. We might be. persuaded on the Surrogate’s finding, however, to affirm the order vacating the decree of probate and permitting petitioner to interpose objections, were there any satisfactory showing of a substantial basis for contesting the will and reasonable probability of success. There is no such showing in this case which would justify opening the decree admitting the will to probate. Order…

2Cited by3 opinions

  1. In re the Estate of SandowNew York Surrogate's Court · 1960
  2. In re the Probate of the Will of BittermanNew York Surrogate's Court · 1952
  3. American Committee for Weizmann Institute of Science v. DunnNew York Court of Appeals · 2008

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