In re the Probate of the Last Will and Testament of Maurer

Appellate Division of the Supreme Court of New York

In re the Probate of the Last Will and Testament of Maurer

206 A.D. 811

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

DecidedSeptember 15, 1923

StatusPublished

Cited by1 cases

This text of 206 A.D. 811 (In re the Probate of the Last Will and Testament of Maurer) 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 Probate of the Last Will and Testament of Maurer, 206 A.D. 811 (N.Y. Ct. App. 1923).

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Opinion

Order reversed, with costs to appellant, and matter remitted to Surrogate’s Court, with instructions to open the default upon such terms as will protect the executor for expenses properly incurred and money properly paid out, on the ground that it was error to hold that the surrogate did no.t have authority to open the default except for “ fraud, newly-diseovered evidence, clerical error or other sufficient cause.”

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Order reversed, with costs to appellant, and matter remitted to Surrogate’s Court, with instructions to open the default upon such terms as will protect the executor for expenses properly incurred and money properly paid out, on the ground that it was error to hold that the surrogate did no.t have authority to open the default except for “ fraud, newly-diseovered evidence, clerical error or other sufficient cause.”

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Bluebook (online)

206 A.D. 811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-last-will-and-testament-of-maurer-nyappdiv-1923.

Opinion

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