In re the Probate of the Will of Weston

Appellate Division of the Supreme Court of New York

In re the Probate of the Will of Weston

12 A.D.2d 745, 209 N.Y.S.2d 127, 1961 N.Y. App. Div. LEXIS 13175

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

DecidedJanuary 17, 1961

StatusPublished

This text of 12 A.D.2d 745 (In re the Probate of the Will of Weston) 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 Weston, 12 A.D.2d 745, 209 N.Y.S.2d 127, 1961 N.Y. App. Div. LEXIS 13175 (N.Y. Ct. App. 1961).

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Opinion

Order, entered on October 4, 1960, limiting the examination of the proponent to a period of three years prior to the execution of the propounded will to the date of decedent’s death, unanimously affirmed, with $20 costs and disbursements to respondent,, without prejudice, however, to an application [746]*746by the contestants for a further examination if, upon completion of the examination ordered, facts and circumstances are advanced indicating the necessity for preliminary inauiry into relevant events antedating the three-year period. Under the circumstances disclosed by the present record, the Surrogate properly exercised his discretion in imposing the time limitation generally followed in these matters. SooJe order on notice fixing date for examination to proceed. Concur — Botein, P. J., Valente, Stevens, Eager and Bergan, JJ.

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Order, entered on October 4, 1960, limiting the examination of the proponent to a period of three years prior to the execution of the propounded will to the date of decedent’s death, unanimously affirmed, with $20 costs and disbursements to respondent,, without prejudice, however, to an application [746]*746by the contestants for a further examination if, upon completion of the examination ordered, facts and circumstances are advanced indicating the necessity for preliminary inauiry into relevant events antedating the three-year period. Under the circumstances disclosed by the present record, the Surrogate properly exercised his discretion in imposing the time limitation generally followed in these matters. SooJe order on notice fixing date for examination to proceed. Concur — Botein, P. J., Valente, Stevens, Eager and Bergan, JJ.

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Bluebook (online)

12 A.D.2d 745, 209 N.Y.S.2d 127, 1961 N.Y. App. Div. LEXIS 13175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-the-will-of-weston-nyappdiv-1961.