In re the Estate of Carroll

Appellate Division of the Supreme Court of New York

In re the Estate of Carroll

40 A.D.2d 843, 337 N.Y.S.2d 500, 1972 N.Y. App. Div. LEXIS 3415

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 13, 1972

StatusPublished

This text of 40 A.D.2d 843 (In re the Estate of Carroll) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Carroll, 40 A.D.2d 843, 337 N.Y.S.2d 500, 1972 N.Y. App. Div. LEXIS 3415 (N.Y. Ct. App. 1972).

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Opinion

Order of the Surrogate’s Court, Queens County, dated March 7, 1972, affirmed, without costs. No opinion. Hopkins, Acting P. J., Martuscello, Latham and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse the order and to grant appellants’ motion for leave to file objections to probate, with the following memorandum: Under the circumstances of this case, involving a family dispute, in my opinion there was no laches as a matter of law and appellants’ default should be opened and their objections allowed to be filed.

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Order of the Surrogate’s Court, Queens County, dated March 7, 1972, affirmed, without costs. No opinion. Hopkins, Acting P. J., Martuscello, Latham and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse the order and to grant appellants’ motion for leave to file objections to probate, with the following memorandum: Under the circumstances of this case, involving a family dispute, in my opinion there was no laches as a matter of law and appellants’ default should be opened and their objections allowed to be filed.

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Bluebook (online)

40 A.D.2d 843, 337 N.Y.S.2d 500, 1972 N.Y. App. Div. LEXIS 3415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-carroll-nyappdiv-1972.