Legal Opinion
In re Proving the Last Will & Testament of Eno
New York Surrogate's Court
Decided April 15, 1922PublishedCited by 3 opinions
Motion for a special jury.
1Opinion of the Court
Foley, S.
The motion of the proponent for a special jury is granted. The jurisdiction of this court to grant such relief is amply sustained by the various provisions of the Surrogate’s Court Act and particularly section 316 (formerly Code Civ. Pro. § 2770), section 69 (formerly Code Civ. Pro. § 2539), and section 70 (formerly Code Civ. Pro. § 2540). The revision of the Surrogate’s Court practice and procedure, enacted in 1914, authorized the trial of probate contests by the surrogate with a jury. It repealed former section 2653a of the Code of Civil Procedure, which provided for an action in…
2Cases cited4 opinions
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
- People Ex Rel. Lewis v. . FowlerNew York Court of Appeals · 1920
- Bowen v. SweeneyNew York Supreme Court · 1895
- In re Proving the Last Will & Testament of EnoNew York Surrogate's Court · 1922
3Cited by3 opinions
- In re the Estate of LippmanNew York Surrogate's Court · 1935
- In re Proving the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1922
- Schuster v. City of New YorkNew York Supreme Court · 1960