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Matter of Eisenfeld

Surrogate's Court of the City of New York, Kings County
Dec 12, 1966
52 Misc. 2d 209 (N.Y. Surr. Ct. 1966)

Opinion

December 12, 1966

Tolleris Kass for proponents.

Seymour Besunder for Muriel Hernstadt, respondent-contestant.


The court, on its own motion, strikes the objections, which are the usual omnibus objections, to the propounded instrument, as the contestant's financial interest is the same under the will as it would be in the event of intestacy. Section 147 of the Surrogate's Court Act enumerates the persons who may file objections to a will offered for probate, and the cases construing that section hold that a person, in order to contest the probate of a will, must have a financial interest to protect or stand to gain by the denial of probate. ( Matter of Haddock, 22 Misc.2d 694; Matter of Bahrenburg, 200 Misc. 959, and cases cited therein.) Accordingly, the motion for an order of preclusion is deemed academic.


Summaries of

Matter of Eisenfeld

Surrogate's Court of the City of New York, Kings County
Dec 12, 1966
52 Misc. 2d 209 (N.Y. Surr. Ct. 1966)
Case details for

Matter of Eisenfeld

Case Details

Full title:In the Matter of the Estate of SAMUEL EISENFELD, Deceased

Court:Surrogate's Court of the City of New York, Kings County

Date published: Dec 12, 1966

Citations

52 Misc. 2d 209 (N.Y. Surr. Ct. 1966)
275 N.Y.S.2d 434

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