In re the Probate of the Will of Waldman

Appellate Division of the Supreme Court of New York

In re the Probate of the Will of Waldman

1 A.D.2d 980, 151 N.Y.S.2d 389, 1956 N.Y. App. Div. LEXIS 5641

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

DecidedApril 30, 1956

StatusPublished

Cited by3 cases

This text of 1 A.D.2d 980 (In re the Probate of the Will of Waldman) 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 Waldman, 1 A.D.2d 980, 151 N.Y.S.2d 389, 1956 N.Y. App. Div. LEXIS 5641 (N.Y. Ct. App. 1956).

Pincite

Opinion

In a probate proceeding in the Surrogate’s Court, Queens County, testator’s daughter, a legatee with the same fractional interest whether her father died testate or intestate, appeals from an order dated January 4, 1956, dismissing her objections to probate. The notice of appeal also brings up for review another order dated January 4,1956, insofar as it dismissed her notice to examine the respondents Waldman, proponents and legatees, and respondent Smith, the remaining legatee. On [981]*981February 14, 1956, this court denied a motion to dismiss the appeal on the ground that the orders are not appealable, without prejudice to renewal of the motion upon the argument. The motion to dismiss the appeal has been renewed. Motion to dismiss appeal granted,' without costs, and appeal dismissed. The orders are intermediate orders (Surrogate’s Ct. Act, § 78) which affect no substantial right and are therefore not appealable. (Surrogate’s Ct. Act, § 288.) We have, however, examined the merits and, if the appeal were not being dismissed, we would affirm the orders, on the ground that appellant is not entitled to contest probate. (Matter of Ballmann, 198 Misc. 916.) Present — Nolan, P. J., Beldoek, Murphy, Hallinan and Kleinfeld, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

In a probate proceeding in the Surrogate’s Court, Queens County, testator’s daughter, a legatee with the same fractional interest whether her father died testate or intestate, appeals from an order dated January 4, 1956, dismissing her objections to probate. The notice of appeal also brings up for review another order dated January 4,1956, insofar as it dismissed her notice to examine the respondents Waldman, proponents and legatees, and respondent Smith, the remaining legatee. On [981]*981February 14, 1956, this court denied a motion to dismiss the appeal on the ground that the orders are not appealable, without prejudice to renewal of the motion upon the argument. The motion to dismiss the appeal has been renewed. Motion to dismiss appeal granted,' without costs, and appeal dismissed. The orders are intermediate orders (Surrogate’s Ct. Act, § 78) which affect no substantial right and are therefore not appealable. (Surrogate’s Ct. Act, § 288.) We have, however, examined the merits and, if the appeal were not being dismissed, we would affirm the orders, on the ground that appellant is not entitled to contest probate. (Matter of Ballmann, 198 Misc. 916.) Present — Nolan, P. J., Beldoek, Murphy, Hallinan and Kleinfeld, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

1 A.D.2d 980, 151 N.Y.S.2d 389, 1956 N.Y. App. Div. LEXIS 5641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-waldman-nyappdiv-1956.

Opinion

Related

Cite This Page — Counsel Stack