Lovell v. . Quitman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 23, 1881, which affirmed a decree of the surrogate of Ulster county, admitting to probate the will of Eliza A. Quitman. (Eeported below, 25 Hun, 537.) The contestants claimed that the second and third clauses of the will had been revoked and canceled. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 23, 1881, which affirmed a decree of the surrogate of Ulster county, admitting to probate the will of Eliza A. Quitman. (Eeported below, 25 Hun, 537.) The contestants claimed that the second and third clauses of the will had been revoked and canceled. The material facts are stated in the opinion. It is to be presumed that the erasures or obliterations were made by the testatrix cmimo revocandi. (In re Clark, 1 Tuck. 445; In re Will of Claxton, 2 Bradf. 334; In…
1Opinion of the CourtDanforth, J.
The surrogate found that the will in question was well executed, and at that time contained, among • others, clauses numbered respectively “ 2d ” and £< 4th; ” that subsequently the testatrix obliterated these clauses “ with a purpose and intent” to revoke the same; that,notwithstanding this obliteration, they were not revoked, and remain in full force and effect, as before. The words are still apparent and legible, and he directed the whole will, including these clauses, to be admitted to probate. The General Term has sustained that decision, and, although we have given careful consideration…
2Cases cited2 opinions
- McPherson v. ClarkNew York Surrogate's Court · 1854
- In re PrescottNew York Surrogate's Court · 1879
3Cited by58 opinions
- In re the Probate of a Paper Propounded as the Last Will & Testament of AkersAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Probate of the Last Will & Testament of DavisAppellate Division of the Supreme Court of the State of New York · 1905
- Hartz v. SobelSupreme Court of Georgia · 1911
- In Re Proving the Will of McGillNew York Court of Appeals · 1920
- In Re the Probate of the Will of TremainNew York Court of Appeals · 1940
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