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

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

DecidedMay 6, 1974

StatusPublished

Cited by1 cases

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

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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.]

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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.]

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Bluebook (online)

44 A.D.2d 828, 355 N.Y.S.2d 569, 1974 N.Y. App. Div. LEXIS 5100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-heaney-nyappdiv-1974.

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