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In re the Estate of Eisenfeld

52 Misc. 2d 209, 275 N.Y.S.2d 434, 1966 N.Y. Misc. LEXIS 1239
CourtNew York Surrogate's Court
DecidedDecember 12, 1966
StatusPublished
Cited by4 cases

This text of 52 Misc. 2d 209 (In re the Estate of Eisenfeld) is published on Counsel Stack Legal Research, covering New York Surrogate's Court 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 Eisenfeld, 52 Misc. 2d 209, 275 N.Y.S.2d 434, 1966 N.Y. Misc. LEXIS 1239 (N.Y. Super. Ct. 1966).

Opinion

Edward S. Silver, J.

The court, on its own motion, strikes the objections, which are the usual omnibus objections, to the propounded instrument, as the contestant’s financial interest is the same under the will as it would be in the event of intestacy. [210]*210Section 147 of the Surrogate’s Court Act enumerates the persons who may file objections to a will offered for probate, and the cases construing that section hold that a person, in order to contest the probate of a will, must have a financial interest to protect or stand to gain by the denial of probate. (Matter of Haddock, 22 Misc 2d 694; Matter of Bahrenburg, 200 Misc. 959, and cases cited therein.) Accordingly, the motion for an order of preclusion is deemed academic.

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Related

In re Estate of Brumer
69 A.D.2d 438 (Appellate Division of the Supreme Court of New York, 1979)
In re the Estate of Turner
86 Misc. 132 (New York Surrogate's Court, 1976)
In re the Estate of Basile
63 Misc. 2d 845 (New York Surrogate's Court, 1970)
In re the Estate of Chadwell
55 Misc. 2d 1033 (New York Surrogate's Court, 1968)

Cite This Page — Counsel Stack

Bluebook (online)
52 Misc. 2d 209, 275 N.Y.S.2d 434, 1966 N.Y. Misc. LEXIS 1239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-eisenfeld-nysurct-1966.