In re the Re-Probate of the Last Will & Testament of Marshall

Appellate Division of the Supreme Court of New York

In re the Re-Probate of the Last Will & Testament of Marshall

260 A.D. 874

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

DecidedOctober 15, 1940

DocketAppeal No. 1

StatusPublished

This text of 260 A.D. 874 (In re the Re-Probate of the Last Will & Testament of Marshall) 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 Re-Probate of the Last Will & Testament of Marshall, 260 A.D. 874 (N.Y. Ct. App. 1940).

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Opinion

In a proceeding to re-probate a will, resettled order of the Surrogate’s Court, Rockland County, granting the motion of respondents to open their default and permit the filing of objections to the probate of the will reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. There is no adequate showing in the record that the objections are of sufficient merit to justify the opening of the default, and the order appealed from was, under the circumstances, an improper exercise of discretion. Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur.

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In a proceeding to re-probate a will, resettled order of the Surrogate’s Court, Rockland County, granting the motion of respondents to open their default and permit the filing of objections to the probate of the will reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. There is no adequate showing in the record that the objections are of sufficient merit to justify the opening of the default, and the order appealed from was, under the circumstances, an improper exercise of discretion. Lazansky, P. J., Carswell, Johnston, Taylor and Close, JJ., concur.

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Bluebook (online)

260 A.D. 874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-re-probate-of-the-last-will-testament-of-marshall-nyappdiv-1940.