In re the Probate of the Last Will & Testament of Carter
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestant, Fannie N. Brown, from an order of the surrogate of the county of Clinton, entered in the office of said surrogate on the 27th day of February, 1920, denying her motion for a certificate that the said surrogate is disqualified from acting as surrogate in the above-entitled proceeding.
1Opinion of the Court
Woodward, J.:
This proceeding is for the probate of a will, and Fannie N. Brown is opposing the probate, as the only heir at law and next of kin of the testatrix on the ground of undue influence and fraud. The Immediate question involved in this appeal is the denial of a motion made by the contestant for a certificate of disqualification of the surrogate of Clinton county, under the provisions of section 2476 of the Code of Civil Procedure. The Code provision is that “ in addition to his general disqualifications as a judicial officer, a surrogate is disqualified from acting upon an…
2Cases cited6 opinions
- Evans v. GoreSupreme Court of the United States · 1920
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- People ex rel. Morris v. EdmondsNew York Supreme Court · 1853
- Wittleder v. Citizens' Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1900
- McCormick v. WalkerAppellate Division of the Supreme Court of the State of New York · 1913
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3Cited by1 opinion
- Henry v. HodgesCourt of Appeals for the Second Circuit · 1948