In re the Probate of Will of Brady

Appellate Division of the Supreme Court of New York

In re the Probate of Will of Brady

273 A.D. 968, 77 N.Y.S.2d 916, 1948 N.Y. App. Div. LEXIS 5517

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

DecidedApril 5, 1948

StatusPublished

Cited by4 cases

This text of 273 A.D. 968 (In re the Probate of Will of Brady) 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 Will of Brady, 273 A.D. 968, 77 N.Y.S.2d 916, 1948 N.Y. App. Div. LEXIS 5517 (N.Y. Ct. App. 1948).

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Opinion

Order of the Surrogate’s Court, Kings County, granting contestant’s motion for permission to take p'art in an examination before trial of the proponent, under a prior order of the Surrogate’s Court, modified on the law and the facts by striking therefrom the provision limiting the examination to three years prior to the date of the execution of the propounded instrument and inserting in place thereof a provision that the examination shall cover the period from 1931 to the date of decedent’s death. As thus modified, the order, insofar as appealed from, is affirmed, with $10 costs and disbursements to the appellant, payable out of the estate. Special circumstances appear in this record which require the granting of an examination for a longer period than is allowed in the ordinary case and under the general rule. (Matter of Dale, 159 Mise. 578; Matter of O’Brien, 45 N. Y. S. 2d 682; Matter of McAvoy, 69 N. Y. S. 2d 136.) Lewis, P. J., Carswell, Adel, Sneed and Wenzel, JJ., concur.

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Order of the Surrogate’s Court, Kings County, granting contestant’s motion for permission to take p'art in an examination before trial of the proponent, under a prior order of the Surrogate’s Court, modified on the law and the facts by striking therefrom the provision limiting the examination to three years prior to the date of the execution of the propounded instrument and inserting in place thereof a provision that the examination shall cover the period from 1931 to the date of decedent’s death. As thus modified, the order, insofar as appealed from, is affirmed, with $10 costs and disbursements to the appellant, payable out of the estate. Special circumstances appear in this record which require the granting of an examination for a longer period than is allowed in the ordinary case and under the general rule. (Matter of Dale, 159 Mise. 578; Matter of O’Brien, 45 N. Y. S. 2d 682; Matter of McAvoy, 69 N. Y. S. 2d 136.) Lewis, P. J., Carswell, Adel, Sneed and Wenzel, JJ., concur.

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Bluebook (online)

273 A.D. 968, 77 N.Y.S.2d 916, 1948 N.Y. App. Div. LEXIS 5517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-probate-of-will-of-brady-nyappdiv-1948.

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