In re the Probate of the Will of Field

Appellate Division of the Supreme Court of New York

In re the Probate of the Will of Field

13 A.D.2d 983, 218 N.Y.S.2d 944, 1961 N.Y. App. Div. LEXIS 10318

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

DecidedJune 12, 1961

StatusPublished

This text of 13 A.D.2d 983 (In re the Probate of the Will of Field) 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 Field, 13 A.D.2d 983, 218 N.Y.S.2d 944, 1961 N.Y. App. Div. LEXIS 10318 (N.Y. Ct. App. 1961).

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Opinion

In a probate proceeding, petitioner Isabel J. Driesen, testator’s daughter by a first marriage, appeals from so much of an order of the Surrogate’s Court, Queens County, dated June 10, 1957, made after a nonjury trial, as dismissed on the merits her petition to vacate the decree of said Surrogate’s Court, made March 24, 1953, admitting testator’s will to probate. The probate decree was sought to be vacated on the ground that the executor, at the time he presented the will for probate and applied for an order to serve the citation by publication upon unknown heirs or distributees, practiced a fraud upon the court by concealing his knowledge of the daughter’s existence. The Surrogate, after a hearing, found no fraud. Order, insofar as appealed from, affirmed, with $10 costs and disbursements. No opinion. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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In a probate proceeding, petitioner Isabel J. Driesen, testator’s daughter by a first marriage, appeals from so much of an order of the Surrogate’s Court, Queens County, dated June 10, 1957, made after a nonjury trial, as dismissed on the merits her petition to vacate the decree of said Surrogate’s Court, made March 24, 1953, admitting testator’s will to probate. The probate decree was sought to be vacated on the ground that the executor, at the time he presented the will for probate and applied for an order to serve the citation by publication upon unknown heirs or distributees, practiced a fraud upon the court by concealing his knowledge of the daughter’s existence. The Surrogate, after a hearing, found no fraud. Order, insofar as appealed from, affirmed, with $10 costs and disbursements. No opinion. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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Bluebook (online)

13 A.D.2d 983, 218 N.Y.S.2d 944, 1961 N.Y. App. Div. LEXIS 10318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-field-nyappdiv-1961.