In re the Estate of Heaney

Appellate Division of the Supreme Court of New York

In re the Estate of Heaney

44 A.D.2d 828, 355 N.Y.S.2d 569, 1974 N.Y. App. Div. LEXIS 5100

Appellate Division of the Supreme Court of the State of New York·Decided May 6, 1974·Published·Cited by 1 cases

Opinion

In a probate proceeding, the proponent appeals from an order-decree of the Surrogate’s Court, Nassau County, dated October 16, 1973, which (1) granted a motion by objeetants Heaney and Driscoll for summary judgment, in which the remaining objectant, Markey, joined; (2) dismissed the petition; and (3) revoked the preliminary letters testamentary which had been issued to the proponent. Order-decree affirmed, with one bill of $20 costs and disbursements jointly to respondents appearing separately and filing separate briefs, payable out of the estate. No opinion. Martuscello, Acting P. J., Christ, Brennan and Munder, JJ., concur. Benjamin, J., dissents and votes to reverse and to deny the motion with the following memorandum: Under the circumstances of this case, I think the motion should have been denied. [75 Misc 2d 732.]

Free access — add to your briefcase to read the full text and ask questions with AI

In a probate proceeding, the proponent appeals from an order-decree of the Surrogate’s Court, Nassau County, dated October 16, 1973, which (1) granted a motion by objeetants Heaney and Driscoll for summary judgment, in which the remaining objectant, Markey, joined; (2) dismissed the petition; and (3) revoked the preliminary letters testamentary which had been issued to the proponent. Order-decree affirmed, with one bill of $20 costs and disbursements jointly to respondents appearing separately and filing separate briefs, payable out of the estate. No opinion. Martuscello, Acting P. J., Christ, Brennan and Munder, JJ., concur. Benjamin, J., dissents and votes to reverse and to deny the motion with the following memorandum: Under the circumstances of this case, I think the motion should have been denied. [75 Misc 2d 732.]

In re the Estate of Heaney, 44 A.D.2d 828, 355 N.Y.S.2d 569, 1974 N.Y. App. Div. LEXIS 5100 (N.Y. Ct. App. 1974).

Pincite

44 A.D.2d 828 (In re the Estate of Heaney) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related