In re the Probate of Will of Hirschhorn

273 A.D. 852 | N.Y. App. Div. | 1948

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.