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Greenhall v. Rothschild

Court of Appeals of the State of New York
Jan 10, 1933
184 N.E. 59 (N.Y. 1933)

Opinion

Argued December 12, 1932

Decided January 10, 1933

Appeal from the Supreme Court, Appellate Division, Second Department.

David L. Podell, Louis B. Davidson, John A. Sherman and Sol Deutsch for appellants. Samuel Silbiger for respondent.


In view of the fact that the necessary parties for the probate of a will are not before the court, the decree should be modified by striking out of the first adjudicating clause of the decree the following words, "was duly executed by Betty Hirsch and published and declared by her to be her last will and testament and was not revoked by Betty Hirsch," and by striking out the word "probated" in the third line from the end of that paragraph and inserting in place thereof the words "Proceedings taken therein for its probate." Also by inserting in the second adjudicating clause after the word "void" in the second line from the end thereof, the words "as to the defendants" and in the eighth adjudicating paragraph after the word "void" in the last line, inserting the words "as to them," and as so modified the judgment should be affirmed, with costs to the respondent.

The judgment should be modified in accordance with this opinion and as so modified affirmed, with costs to respondent.

POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ., concur.

Judgment accordingly.


Summaries of

Greenhall v. Rothschild

Court of Appeals of the State of New York
Jan 10, 1933
184 N.E. 59 (N.Y. 1933)
Case details for

Greenhall v. Rothschild

Case Details

Full title:JULIA S. GREENHALL, Respondent, v. LOUIS ROTHSCHILD et al., Appellants

Court:Court of Appeals of the State of New York

Date published: Jan 10, 1933

Citations

184 N.E. 59 (N.Y. 1933)
184 N.E. 59

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