Morris v. Porter
New York Supreme Court
This is an action for the construction of the will of Anne Morris, deceased, late of .the county of Kings, and for the partition of her real estate in the event that the devise made thereof should he held void.
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This is an action for the construction of the will of Anne Morris, deceased, late of .the county of Kings, and for the partition of her real estate in the event that the devise made thereof should he held void. The testatrix made a will in the year 1867 in which she made an attempted disposition of the real estate in question; and afterward, and in the year 1871, she made another will by which she sought to revoke the will of 1867. The surrogate of Kings county held that the will of 1871 was not properly executed and admitted the will of 1867 to probate. Evidence was given in this action by…
1Opinion of the CourtVan Vorst, J.
The plaintiffs in their complaint insist that the paper subscribed by Anne Morris on the 13th day of June, 1871, as and for her last will and testament, was not duly executed by her and is not her will. That she did not sign the paper in the presence of the witnesses thereto, and did not acknowledge to them that the same was her last will and did not request them to witness the same.
On the other hand, the defendants Richard Morris and wife claim that the instrument was executed and published by the testatrix, as and for her last will and testament, in the presence of the witnesses in…
2Cases cited9 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Knox v. . JonesNew York Court of Appeals · 1872
- Baskin v. . BaskinNew York Court of Appeals · 1867
- Orser v. . OrserNew York Court of Appeals · 1861
- Campbell v. . RawdonNew York Court of Appeals · 1858
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Egan v. PeaseNew York Surrogate's Court · 1886
- Gardiner v. RainesNew York Surrogate's Court · 1884