Tiers v. Tiers

New York Surrogate's Court

Tiers v. Tiers

2 Dem. Sur. 209

DecidedJanuary 15, 1883

StatusPublished

This text of 2 Dem. Sur. 209 (Tiers v. Tiers) 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

Tiers v. Tiers, 2 Dem. Sur. 209 (N.Y. Super. Ct. 1883).

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Opinion

The Surrogate.

The limitations of the Surrogate’s jurisdiction, under § 2624 of the Code, to determine, upon rendering a decree admitting a will to probate, its “validity, construction or effect,” are not open to - - 8-misconstruction.

The court5 s authority in the premises is strictly confined to wills “executed within the State ” and by “a resident of the State.” I am not, therefore, justified in allowing costs to the party who sought to obtain a construction of this decedent’s will, in view of the fact that the instrument was admittedly . executed outside the limits of the State of Hew York.

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The Surrogate.

The limitations of the Surrogate’s jurisdiction, under § 2624 of the Code, to determine, upon rendering a decree admitting a will to probate, its “validity, construction or effect,” are not open to - - 8-misconstruction.

The court5 s authority in the premises is strictly confined to wills “executed within the State ” and by “a resident of the State.” I am not, therefore, justified in allowing costs to the party who sought to obtain a construction of this decedent’s will, in view of the fact that the instrument was admittedly . executed outside the limits of the State of Hew York.

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Bluebook (online)

2 Dem. Sur. 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tiers-v-tiers-nysurct-1883.