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Matter of Tebin

Appellate Division of the Supreme Court of New York, First Department
Dec 11, 1958
7 A.D.2d 720 (N.Y. App. Div. 1958)

Opinion

December 11, 1958


Order unanimously reversed in the court's discretion and the proceeding in the Surrogate's Court stayed pending a determination of the Supreme Court action, without costs. We believe the probate proceeding should be stayed until there has been a disposition of the Supreme Court action in which it is sought to impress a trust on certain property. The only question involved in the Surrogate's Court is whether there was fraud or undue influence in the execution of decedent's will. The Supreme Court action however raises an additional issue as to fraud in connection with the transfer of decedent's property prior to her death. It is clear, therefore, that a determination in the Surrogate's Court will not dispose of the issues involved in the Supreme Court action. In the circumstances no useful purpose would be served by allowing the probate proceeding to go to trial before trial of the Supreme Court action. No prejudice will result by staying the probate proceeding, particularly since it appears that there are presently no assets in the estate. In fact there never will be any assets unless the Supreme Court action is sustained.

Concur — Botein, P.J., Breitel, Rabin, M.M. Frank and Bastow, JJ.


Summaries of

Matter of Tebin

Appellate Division of the Supreme Court of New York, First Department
Dec 11, 1958
7 A.D.2d 720 (N.Y. App. Div. 1958)
Case details for

Matter of Tebin

Case Details

Full title:In the Matter of the Probate of the Will of HERMINA TEBIN, Also Known as…

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

Date published: Dec 11, 1958

Citations

7 A.D.2d 720 (N.Y. App. Div. 1958)

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