In re Cutter's Estate
New York Surrogate's Court
Application to strike out the answer filed by James H. Montgomery to the petition for probate of the will of Amelia G. Cutter deceased.
1Opinion of the Court
FOWLER, S.
This is a motion to strike out the answer filed to the petition for the probate of the alleged will of the deceased by James H. Montgomery, a legatee named in the will, upon the ground that he is not a person within the meaning of section 2617, C. C. P., who wotild be entitled to appear and file such answer. James H. Montgomery is not an heir at law or next of kin of the deceased. The only interest he has in the estate is by reason of the eleventh paragraph of the will, wherein the descendants of Annie F. Cutter are given each the sum of $5,000; he, being one of the descendants of…
2Cases cited1 opinion
- In re Proving Last Will & Testament of HoytNew York Surrogate's Court · 1907
3Cited by2 opinions
- In re EnnisNew York Surrogate's Court · 1929
- In re Estate of BrumerAppellate Division of the Supreme Court of the State of New York · 1979