In re the Probate of the Will of Van Horn

New York Surrogate's Court

In re the Probate of the Will of Van Horn

28 Misc. 2d 708, 216 N.Y.S.2d 32, 1961 N.Y. Misc. LEXIS 2802

DecidedJune 5, 1961

StatusPublished

This text of 28 Misc. 2d 708 (In re the Probate of the Will of Van Horn) is published on Counsel Stack Legal Research, covering New York Surrogate's Court 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 Van Horn, 28 Misc. 2d 708, 216 N.Y.S.2d 32, 1961 N.Y. Misc. LEXIS 2802 (N.Y. Super. Ct. 1961).

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Opinion

John D. Bennett, S.

In this contested probate, the proponent moves to dismiss the objections on the ground that the contestant does not stand to gain by denial of probate to the propounded instrument since he is merely a legatee and not a distributee. The contestant, however, has submitted an affidavit in opposition, to which is attached an alleged prior will of the decedent, under which the contestant would be the sole beneficiary if such instrument were determined to be the decedent’s last will and testament. Under such circumstances, the contestant does stand to gain by a denial of probate to the propounded instrument (Surrogate’s Ct. Act, § 147). The motion is accordingly dismissed, without costs to either party.

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John D. Bennett, S.

In this contested probate, the proponent moves to dismiss the objections on the ground that the contestant does not stand to gain by denial of probate to the propounded instrument since he is merely a legatee and not a distributee. The contestant, however, has submitted an affidavit in opposition, to which is attached an alleged prior will of the decedent, under which the contestant would be the sole beneficiary if such instrument were determined to be the decedent’s last will and testament. Under such circumstances, the contestant does stand to gain by a denial of probate to the propounded instrument (Surrogate’s Ct. Act, § 147). The motion is accordingly dismissed, without costs to either party.

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Bluebook (online)

28 Misc. 2d 708, 216 N.Y.S.2d 32, 1961 N.Y. Misc. LEXIS 2802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-van-horn-nysurct-1961.