Legal Opinion
In re the Estate of Baker
New York Surrogate's Court
Decided October 28, 1936PublishedCited by 6 opinions
1Opinion of the Court
Wingate, S.
This is an application on behalf of a statutory distributee, named as such in the petition for probate, for an oral examination of the subscribing witnesses to the propounded instrument.
Objection to the issuance of an order directing the examination is predicated solely on the ground that (1) “ the application is based solely upon the affidavit of the attorney for the contestant and the moving papers contain no affidavit of the contestant herself; ” (2) “ the moving papers fail to disclose the items upon which an examination is sought; ” and (3) “ the examination is not sought in…
2Cases cited11 opinions
- In re the Estate of EbbetsNew York Surrogate's Court · 1933
- In Re the Accounting of Van VolkenburghNew York Court of Appeals · 1930
- In re the Estate of Van ValkenburghNew York Surrogate's Court · 1927
- In re the Judicial Settlement of the Account of Proceedings of Van VolkenburghAppellate Division of the Supreme Court of the State of New York · 1929
- Wolff v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re the Probate of the Will of CarllNew York Surrogate's Court · 1951
- In re the Estate of PeckolickNew York Surrogate's Court · 1996
- In re the Estate of ReynoldsNew York Surrogate's Court · 1952
- In re LaMottaAppellate Division of the Supreme Court of the State of New York · 2012
- In re LaMottaAppellate Division of the Supreme Court of the State of New York · 2012
1 more not listed; retrieve them via the Exa API.