In re the Probate of an Instrument Purporting to be a Codicil to the Last Will & Testament of Coryell
Appellate Division of the Supreme Court of the State of New York
■' Appeal by Dominick A. Rafferty from an order of the Surrogate’s Court of the county of Tioga, entered in said Surrogate’s Court oil the 7th day of October, 1895, denying his application to be made a party to the proceeding to probate an alleged codicil to the will of Vincent Coryell, deceased.
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■' Appeal by Dominick A. Rafferty from an order of the Surrogate’s Court of the county of Tioga, entered in said Surrogate’s Court oil the 7th day of October, 1895, denying his application to be made a party to the proceeding to probate an alleged codicil to the will of Vincent Coryell, deceased. By the last will and testament of the testator,.as admitted to probate by the surrogate of the county of Tioga January 27, 1890, E. Josephine Whitman was devisee of an interest in the real estate situate in said county, of which the testator died seized. The appellant then had, and still holds, a…
1Opinion of the Court
Landon, J.:
The appellant now has a lien upon real estate of which E. Josephine Whitman has the legal title.' It is proposed to destroy this lien by probating a codicil to the will of Josephine’s father, •Which will was duly probated five years ago. The surrogate’s order denies to the appellant leave to appear and contest the proposed probate, thus 'denying to him the right to resist at the threshold, where it can best be done, the attack lipón his lien.
Section 2617 of the Code of Civil Procedure provides : “ Any person, although not cited, who is named as devisee or legatee in the *431will…
2Cases cited2 opinions
- Walsh v. RyanNew York Surrogate's Court · 1851
- Lafferty v. LaffertyNew York Surrogate's Court · 1881
3Cited by6 opinions
- In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
- In Re Estate of DuffySupreme Court of Iowa · 1940
- In re the Estate of StephaniNew York Surrogate's Court · 1936
- Weiss v. MeyerAppellate Terms of the Supreme Court of New York · 1916
- In re the Estate of BeinhauerNew York Surrogate's Court · 1922
1 more not listed; retrieve them via the Exa API.