In re the Proof & Probate of the Last Will & Testament of Burtis
Appellate Division of the Supreme Court of the State of New York
Appeal by the proponent, Elizabeth Cook Burgess, from a decree of the Surrogate’s Court of the county of Cayuga, entered in said Surrogate’s Court on the 29th day of April, 1904, refusing to admit to probate an instrument in writing purporting to be the last will and testament of Albert G. Burtis, deceased, dated May 26, 1902, by the terms of which instrument all the property of the decedent was devised and bequeathed to the appellant.
Read the full summary
Appeal by the proponent, Elizabeth Cook Burgess, from a decree of the Surrogate’s Court of the county of Cayuga, entered in said Surrogate’s Court on the 29th day of April, 1904, refusing to admit to probate an instrument in writing purporting to be the last will and testament of Albert G. Burtis, deceased, dated May 26, 1902, by the terms of which instrument all the property of the decedent was devised and bequeathed to the appellant. The contestants, who were the father and brother of the decedent, interposed an answer, by which they alleged in substance that the will propounded for probate…
1Opinion of the Court
McLennan, P. J.:
The question presented by this appeal is whether or not the determination of the Surrogate’s Court that -the signature to the alleged last will and testament of Albert G. Burtis, deceased, is a forgery and, therefore, that such instrument is null and void, should be regarded as final, or should such issue be submitted to a jury pursuant to the provisions of section 2588 of the Code of Civil Procedure.
It is the settled rule in this .State that in such cases, if upon appeal it appears that the disposition of the questions of fact raised by the evidence is not free from doubt and…
2Cases cited5 opinions
- Howland v. . TaylorNew York Court of Appeals · 1873
- In re Proving the Last Will & Testament of TompkinsAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Probate of the Last Will & Testament of DrakeAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Probate of the Last Will & Testament of BrunorAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Probate of the Last Will & Testament of DixonAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by12 opinions
- Boyd v. GosserSupreme Court of Florida · 1919
- In re the Probate of the Last Will & Testament of BurtisNew York Surrogate's Court · 1904
- In re Proving the Last Will and Testament of EcklerAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Probate of BlaineAppellate Division of the Supreme Court of the State of New York · 1911
- In re the Estate of ShaverNew York Surrogate's Court · 1928
7 more not listed; retrieve them via the Exa API.