In re the Probate of the Will of Schwarz

Appellate Division of the Supreme Court of New York

In re the Probate of the Will of Schwarz

6 A.D.2d 770, 174 N.Y.S.2d 461, 1958 N.Y. App. Div. LEXIS 5903

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

DecidedMay 16, 1958

StatusPublished

This text of 6 A.D.2d 770 (In re the Probate of the Will of Schwarz) 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 Schwarz, 6 A.D.2d 770, 174 N.Y.S.2d 461, 1958 N.Y. App. Div. LEXIS 5903 (N.Y. Ct. App. 1958).

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Opinion

Appeal held pending the substitution of the legal representative of the deceased respondent, Rose P. Kramer, as a party respondent. Upon the making and entry of an order of substitution (Civ. Prac. Act, § 557), the appeal may be re-presented to this court. (See Civ. Prac. Act, § 578; Surrogate’s Ct. Act, § 307; Bronheim v. Kelleher, 258 App. Div. 972; Simon v. Noma Elec. Corp., 291 N. Y. 824.) (Appeal from a decree of Erie Surrogate’s Court after trial in Supreme Court, admitting the alleged last will of decedent to probate and awarding letters testamentary and of trusteeship; also appeal from order of Erie Supreme Court denying contestant’s motion for a new trial.) Present — McCurn, P. J., Williams, Bastow, Goldman and Halpern, JJ.

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Appeal held pending the substitution of the legal representative of the deceased respondent, Rose P. Kramer, as a party respondent. Upon the making and entry of an order of substitution (Civ. Prac. Act, § 557), the appeal may be re-presented to this court. (See Civ. Prac. Act, § 578; Surrogate’s Ct. Act, § 307; Bronheim v. Kelleher, 258 App. Div. 972; Simon v. Noma Elec. Corp., 291 N. Y. 824.) (Appeal from a decree of Erie Surrogate’s Court after trial in Supreme Court, admitting the alleged last will of decedent to probate and awarding letters testamentary and of trusteeship; also appeal from order of Erie Supreme Court denying contestant’s motion for a new trial.) Present — McCurn, P. J., Williams, Bastow, Goldman and Halpern, JJ.

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Bluebook (online)

6 A.D.2d 770, 174 N.Y.S.2d 461, 1958 N.Y. App. Div. LEXIS 5903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-schwarz-nyappdiv-1958.

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