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

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

DecidedNovember 10, 1958

StatusPublished

This text of 7 A.D.2d 641 (In re the Probate of the Will of Collier) 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.

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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).

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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.

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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.

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7 A.D.2d 641, 179 N.Y.S.2d 581, 1958 N.Y. App. Div. LEXIS 4282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-collier-nyappdiv-1958.

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