In Re the Probate of the Will of Butterfield
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 13, 1914, which reversed an order of the Putnam County Surrogate’s Court granting the application of appellants for leave to intervene in proceedings for probate of the will of Julia L. Butterfield, deceased, and denied said application. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 13, 1914, which reversed an order of the Putnam County Surrogate’s Court granting the application of appellants for leave to intervene in proceedings for probate of the will of Julia L. Butterfield, deceased, and denied said application. The facts, so far as material, are stated in the opinion. The case falls directly within subdivisions 5 and 10 of section 98 of the Decedent Estate Law which provide that in such a case as to personal property, “The whole surplus shall be…
1Opinion of the CourtHiscock, J.
Julia Lorillard Butterfield died in Putnam county, New York, on August 6, 1913, leaving a purported last will and testament and leaving her surviving no husband, parent or descendants, but, as her nearest of kin, a grandnephew and four great-grandnieces, descendants of a predeceased sister, who are respondents here, and also four cousins, the descendants of brothers of the decedent’s mother.
In the petition for the probate of the will these latter relatives were not mentioned in the statement of those who were next of kin of the decedent, and interested in the distribution of her estate, and…
2Cases cited2 opinions
- In Re the Accounting of DavenportNew York Court of Appeals · 1902
- In re the Judicial Settlement of the Account of De VoeAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by7 opinions
- In re the Judicial Settlement of the Account of Proceedings of GoldmarkAppellate Division of the Supreme Court of the State of New York · 1919
- Rotenbach v. YoungNew York Supreme Court · 1922
- In re the Estate of McKeonNew York Surrogate's Court · 1960
- In re Van GordenAppellate Division of the Supreme Court of the State of New York · 1931
- In re the Accounting of City Bank Farmers Trust Co.New York Surrogate's Court · 1950
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