Heist v. Heist
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary Heist, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the' 22d .day of April, 1910, continuing an injunction pendente lite.
1Opinion of the Court
Woodward, J.:
This action, is brought under the provisions of section 2653a of the Code of Civil Procedure to determine the validity of the last Will and testament of Philip Heist, deceased. The defendant, Mary Heist, appears to have been sued in her capacity of executrix under the will, as well as in her individual capacity, and it is not disputed that prior to the commencement of. this action , her accounts were judicially settled by the surrogate, and that she had fulfilled all of *713the provisions of the decree, and had become a trustee under the provisions of the will. The plaintiff secured…
2Cases cited1 opinion
- In re the Final Accounting of CoeAppellate Division of the Supreme Court of the State of New York · 1900