Hyperlawhypertext legal database In re the Probate of Will of Hirschhorn 273 A.D. 852

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In re the Probate of Will of Hirschhorn

273 A.D. 852 Court N.Y. App. Div. Decision date 1948-02-16 English

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p. 852
In the Matter of the Probate of the Will of Katie Hirschhorn, Deceased. Elmer Hirschhorn, Appellant; Seymour Hirschhorn et al., Respondents.

We see no objection to trying the probate proceedings first. However, if the will is admitted to probate, all action thereunder, to the extent that it would tend to conflict with any of the rights of the appellant under the contract claimed should be stayed pending the determination of the contract action which should be tried promptly. Order unanimously affirmed, with $20 costs and disbursements. Present — Dore, J. P., Cohn, Callahan, Yan Yoorhis and Shientag, JJ.