Legal Opinion

In re Martinhoff

New York Surrogate's Court

Decided March 15, 1880PublishedCited by 4 opinions

Application for probate of will.

1Opinion of the Court

*287The Surrogate.—The question presented in this case is whether I have the power to take up the probate of a will at the point where it was left by my predecessor in office, complete the proofs and then decide the questions at issue upon the whole evidence, including that which was taken before my predecessor.

The Surrogate’s Court has only a special and limited statutory jurisdiction, and, in general, its proceedings can be sustained only by showing a conformity to the statutes on the subject. Hence, I must hold that I have no such power, unless it is derived from some statute. But I think such…

2Cases cited3 opinions

  1. People of the State of N.Y. v. . ShawNew York Court of Appeals · 1875
  2. Draper v. Day & OrvisNew York Supreme Court · 1855
  3. In re EspieNew York Surrogate's Court · 1877

3Cited by4 opinions

  1. In re the Probate of the Last Will & Testament of CareyAppellate Division of the Supreme Court of the State of New York · 1897
  2. In re the Estate of RomaniwNew York Surrogate's Court · 1937
  3. In re the Estate of WinslowNew York Surrogate's Court · 1895
  4. In re the Estate of BairdNew York Surrogate's Court · 1911

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