Benedict v. Cooper
New York Surrogate's Court
Petition by Eli Benedict, executor, and Eliza Cooper, executrix, of decedent’s will, for an order to all parties interested to show cause why an order of reference made in a special proceeding for revocation of probate of decedent’s will, and all proceedings had thereunder, should not be set aside as void, upon grounds stated in the opinion.
1Opinion of the Court
The Surrogate.
A paper, purporting to be the will of this decedent, was admitted to probate as such in May, 1881. In April, 1882, a proceeding was commenced for revocation of such probate. Citations were duly issued, and duly served upon all necessary parties, and, with the consent of all who appeared and took part in the subsequent trial, Edward F. Underhill, Esq., was appointed referee to take testimony and report the same to the Surrogate. Mr. Underhill proceeded with the examination of such witnesses as were brought before him by the contending parties, and a large volume of evidence was…
2Cases cited6 opinions
- Clark v. FisherNew York Court of Chancery · 1828
- Croghan v. . LivingstonNew York Court of Appeals · 1858
- McMurray v. . McMurrayNew York Court of Appeals · 1876
- Bowen v. IdleyNew York Court of Chancery · 1831
- McMurray v. McMurrayNew York Supreme Court · 1870
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