Hyperlawhypertext legal database In re the Probate of the Will of Klock 271 A.D.2d 804

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In re the Probate of the Will of Klock

271 A.D.2d 804 Court N.Y. App. Div. Decision date 1946-10-28 English

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p. 804
In the Matter of the Probate of the Will of Emery Klock, Deceased. Joseph Klock, Appellant; Lorraine S. Meyers, as Executrix of Emery Klock, Deceased, Respondent.

Order of the Surrogate’s Court, Orange County, denying contestant’s motion to open his default and to vacate and set aside a decree admitting a will to probate, reversed on the law and the facts, with $10 costs and disbursements to appellant, payable out of the estate, and motion granted, without costs. The denial of the motion was an improvident exercise of discretion. Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.