In re the Probate of the Will of Collier

Appellate Division of the Supreme Court of New York

In re the Probate of the Will of Collier

7 A.D.2d 641, 179 N.Y.S.2d 581, 1958 N.Y. App. Div. LEXIS 4282

Appellate Division of the Supreme Court of the State of New York·Decided November 10, 1958·Published

Opinion

Appeal from an order of the Surrogate’s Court, Dutchess County, directing appellant, a contestant in the proceeding, to furnish particulars as to certain items in respondent’s demand therefor. Order modified by striking from the ordering paragraph the figures “3, 4, 5”. As so modified, order affirmed, without costs. Particulars as to lack of testamentary capacity may not be demanded. There are no unusual circumstances claimed. Particulars as to the respects in which it is claimed the will offered for probate is not the last will of decedent, whether there is reliance on a later will, and particulars as to fraud and undue influence are proper. (Matter of Carpenter, 252 App. Div. 885; Matter of Wetterau, 245 App. Div. 822; Matter of Van Riper, 171 Misc. 178; 2 Jessup-Redfield, Surrogate’s Law & Practice, p. 390 et seq.) Wenzel, Acting P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ., concur.

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

Appeal from an order of the Surrogate’s Court, Dutchess County, directing appellant, a contestant in the proceeding, to furnish particulars as to certain items in respondent’s demand therefor. Order modified by striking from the ordering paragraph the figures “3, 4, 5”. As so modified, order affirmed, without costs. Particulars as to lack of testamentary capacity may not be demanded. There are no unusual circumstances claimed. Particulars as to the respects in which it is claimed the will offered for probate is not the last will of decedent, whether there is reliance on a later will, and particulars as to fraud and undue influence are proper. (Matter of Carpenter, 252 App. Div. 885; Matter of Wetterau, 245 App. Div. 822; Matter of Van Riper, 171 Misc. 178; 2 Jessup-Redfield, Surrogate’s Law & Practice, p. 390 et seq.) Wenzel, Acting P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ., concur.

In re the Probate of the Will of Collier, 7 A.D.2d 641, 179 N.Y.S.2d 581, 1958 N.Y. App. Div. LEXIS 4282 (N.Y. Ct. App. 1958).

Pincite

7 A.D.2d 641 (In re the Probate of the Will of Collier) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related