Legal Opinion

In re Odell's Estate

New York Surrogate's Court

Decided December 15, 1892PublishedCited by 3 opinions

Petition by John W. Purdy, an heir-atrlaw and next of kin, to revoke probate of will.

1Opinion of the Court

Coffin, S.

The prayer of the petition for the relief sought is too broad. On the facts stated it seems the court should have been asked merely to open the decree admitting the will to probate, so that the petitioner may have an opportunity of being-heard in opposition. The decree is conclusive against all who were cited, and, should it be opened for the purpose of making-the petitioner a party, so that he may file objections, it will be unnecessary to cite those who have already been cited. Theeourt had complete jurisdiction of the subject and of those persons, but not of the petitioner. Ho…

2Cited by3 opinions

  1. In re the Estate of ClarkeNew York Surrogate's Court · 1932
  2. In re Proving the Last Will & Testament of MarxNew York Surrogate's Court · 1919
  3. In re the Probate of a Paper Writing Purporting to be the Last Will & Testament of LordNew York Surrogate's Court · 1915

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