A Treatise On the Law of Executors, Administrators, And Guardians : And of the Remedies By And Against Them, in Surrogates' Courts of the State of New York, Together With An Account of the Jurisdiction And Practice of Those Courts in the Admeasurement of

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Section IV.
Of the revocation of probate or letters of administration by ap- peal, and of the effect of such revocation on the mesne acts of the executor or administrator.
In the two preceding sections we considered the question of re- calling probate and superseding letters testamentary and letters of administration, where the same was done by the court by which they were granted. It remains to add a few words on the effect produced by the reversing the decision of the surrogate in grant- ing
...probate, letters testamentary or letters of administration, by the appellate tribunal.
While the old court of probate was in existence the appeal from the decision of the surrogate was to that tribunal and thence to the court for the correction of errors. On the abolition of that court, appeals were directed to be made to the court of chancery ; and afterwards in some cases to a circuit judge, and in others to the su- preme court. By the existing law, all appeals which may be taken from the decision of surrogates' courts, either in admitting a will to probate or in refusing to do so, are required to be made to the 31 242 REVOCATION; OF PEOBATE.


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