MATTER OF HEYWARD


13 A.D.2d 671 (1961)

In the Matter of the Probate of The Will of John B. Heyward, Deceased. Viola C. Heyward, Appellant; Lillian B. Heyward, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 3, 1961


Decree affirmed, with costs to the proponent payable out of the estate.

Section 147 of the Surrogate's Court Act provides that objections to probate must be filed at or before the close of the testimony taken before the Surrogate on behalf of the proponent, or at such subsequent time as the Surrogate directs, and that if a jury trial is desired it shall be demanded in the objections. In our opinion this section did not require the Surrogate to grant the contestant...

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