In re Smith
New York Surrogate's Court
Application by a general guardian for the construction of a will.
1Opinion of the Court
Fowler, S.—
This is a petition for construction under section 2615 of the Code of Civil Procedure. The construction is not sought in a probate proceeding, under former section 2624 of the Code of Civil Procedure of 1913, but under the new portions 'of section 2615, of the Code of Civil Procedure of 1914, constituting the 1st and 2d paragraphs thereof. Emma J. Losea, one of the respondents, denies the jurisdiction of this court. This challenge of the jurisdiction compels the surrogate to determine his right to proceed, and, consequently, the nature of the power of construction intended to be…
2Cases cited6 opinions
- In Re the Probate of the Will of WalkerNew York Court of Appeals · 1892
- In re the Estate of HardenNew York Surrogate's Court · 1914
- In re Shrader's WillNew York Supreme Court · 1892
- In re the Transfer Tax upon the Estate of SpingarnNew York Surrogate's Court · 1916
- In re the Estate of CatlinNew York Surrogate's Court · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re the Judicial Settlement of the Intermediate Account of Van DerveerNew York Surrogate's Court · 1923
- State Farm Mutual Ins. v. WiseMichigan Supreme Court · 1936
- In re the Estate of AinsworthNew York Surrogate's Court · 1936
- In re the Construction of the Will of GoodrichAppellate Division of the Supreme Court of the State of New York · 1947
- In re the Estate of BowmanNew York Surrogate's Court · 1936
1 more not listed; retrieve them via the Exa API.