In re the Probate of the Will of Comerford

Appellate Division of the Supreme Court of New York

In re the Probate of the Will of Comerford

281 A.D. 714, 117 N.Y.S.2d 762, 1952 N.Y. App. Div. LEXIS 3330

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

DecidedDecember 29, 1952

StatusPublished

Cited by1 cases

This text of 281 A.D. 714 (In re the Probate of the Will of Comerford) 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 Will of Comerford, 281 A.D. 714, 117 N.Y.S.2d 762, 1952 N.Y. App. Div. LEXIS 3330 (N.Y. Ct. App. 1952).

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Opinion

In a contested probate proceeding in the Surrogate’s Court, Kings County, a decree was entered admitting the will to probate on the Surrogate’s decision directing a verdict after trial. The contestant and the special guardian appeal from the decree, except insofar as it makes an allowance to the special guardian. Decree, insofar as appeal is taken, unanimously affirmed, with costs to respondents and to the special guardian, payable out of the estate. No opinion. Order denying contestant’s motion, under section 278 of the Surrogate’s Court Act, reversed on the law and the facts, without costs, and the motion granted, without costs. Under all the facts and circumstances, it should have been found that the contest was made in good faith, and the motion should have been granted. Present — Johnston, Acting P. J., Adel, Wenzel, MaeCrate and Schmidt, JJ. [See post, p. 845.]

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In a contested probate proceeding in the Surrogate’s Court, Kings County, a decree was entered admitting the will to probate on the Surrogate’s decision directing a verdict after trial. The contestant and the special guardian appeal from the decree, except insofar as it makes an allowance to the special guardian. Decree, insofar as appeal is taken, unanimously affirmed, with costs to respondents and to the special guardian, payable out of the estate. No opinion. Order denying contestant’s motion, under section 278 of the Surrogate’s Court Act, reversed on the law and the facts, without costs, and the motion granted, without costs. Under all the facts and circumstances, it should have been found that the contest was made in good faith, and the motion should have been granted. Present — Johnston, Acting P. J., Adel, Wenzel, MaeCrate and Schmidt, JJ. [See post, p. 845.]

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Bluebook (online)

281 A.D. 714, 117 N.Y.S.2d 762, 1952 N.Y. App. Div. LEXIS 3330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-comerford-nyappdiv-1952.

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