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Matter of Cafferty

Appellate Division of the Supreme Court of New York, Second Department
Jan 30, 1950
276 App. Div. 927 (N.Y. App. Div. 1950)

Opinion

January 30, 1950.

Present — Carswell, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ.


In a proceeding for the probate of a will, order of the Surrogate's Court, Westchester County, dismissing objections, unanimously affirmed, with costs, payable by the appellants. (a) The annulment decree is regular on its face and discloses no patent defect as to jurisdiction or otherwise and, therefore, may not be attacked collaterally. ( Shea v. Shea, 270 App. Div. 527, 531, and cases cited therein.) (b) Moreover, the jurisdictional finding of fact in the decision in the annulment action was based on some, although insufficient proof, and, in consequence, the judgment is not void. ( Blakeley v. Calder, 15 N.Y. 617; Howell v. Mills, 56 N.Y. 226, 229; Bolton v. Schriever, 135 N.Y. 65, 71, 72; O'Donoghue v. Boies, 159 N.Y. 87, 99; Jordan v. Van Epps, 85 N.Y. 427, 436; Shea v. Shea, supra.)


Summaries of

Matter of Cafferty

Appellate Division of the Supreme Court of New York, Second Department
Jan 30, 1950
276 App. Div. 927 (N.Y. App. Div. 1950)
Case details for

Matter of Cafferty

Case Details

Full title:In the Matter of the Probate of the Will of HARRY M. CAFFERTY, Deceased…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 30, 1950

Citations

276 App. Div. 927 (N.Y. App. Div. 1950)

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