In re Peck
New York Supreme Court
Appeal from surrogate’s court, New York county. Proceedings for the probate of the will of Samuel B. Peck, deceased-. Francis L. Peck-appeals from a decree of the surrogate admitting the will to probate. '
1Opinion of the CourtBarrett, J.
The record discloses a failure to comply with that part of section 2545 of the Code of Civil Procedure which provides that upon the trial of an issue of fact “the surrogate must file in his office his decision in writing, which must state separately the facts found, and the conclusions of law.” Thus we have nothing before us except the testimony, the decree; and the notice of appeal. It has been repeatedly held that this plain language of section 2545 cannot be disregarded, and that the appellant must procure such findings as will present the questions which he desires to argue. Angevine v.…
2Cases cited5 opinions
- Deobold v. . OppermannNew York Court of Appeals · 1888
- Hewlett v. . ElmerNew York Court of Appeals · 1886
- In Re the Estate of HoodNew York Court of Appeals · 1887
- Angevine v. . JacksonNew York Court of Appeals · 1886
- In re Falls' EstateNew York Supreme Court · 1890
3Cited by3 opinions
- In re Roberts' EstateNew York Supreme Court · 1893
- In re Proving the Last Will & Testament of WidmayerAppellate Division of the Supreme Court of the State of New York · 1900
- In re KaufmanNew York Supreme Court · 1891