In re the Revocation of the Probate of the Alleged Last Will and Testament of Murphy
Appellate Division of the Supreme Court of the State of New York
Appeal by Thomas King, as administrator, etc., of Rosa King, deceased, and others, from an order of the Surrogate’s Court of the county of Monroe, entered in said Surrogate’s Court,* opening a decree of the said court bearing date the 18th day of July, 1898, which admitted to probate the alleged will of Julia Murphy, deceased, and directing a new hearing as to fraud in procuring the alleged execution of the will.
1Opinion of the Court
Williams, J.:
The order should be reversed, with costs, for want of power in the Surrogate’s Court to entertain the motion or to make the order.
The matter of the probate of the alleged will had been removed by appeal to the Appellate Division of the Supreme Court, was still pending therein, and had never been remitted to the Surrogate’s Court.
*542Julia Murphy died July 14, 1898. The alleged will was admitted to probate by decree of the Surrogate’s Court entered July 18, 1898. Thereafter by decree entered January 20, 1899, the Surrogate’s Court revoked its former decree admitting the will to…
2Cases cited3 opinions
- Henry v. . AllenNew York Court of Appeals · 1895
- In re Blair's WillNew York Supreme Court · 1891
- In re Patterson's WillNew York Supreme Court · 1892
3Cited by3 opinions
- In re the Estate of PardeeAppellate Division of the Supreme Court of the State of New York · 1932
- In re the Probate of the Alleged Last Will & Testament of MillerAppellate Division of the Supreme Court of the State of New York · 1910
- In re the Probate of the Last Will & Testament of ThompsonNew York Surrogate's Court · 1911