In re Proving the Paper Alleged to be the Last Will & Testament of Swartz
New York Surrogate's Court
In the proceedings for probate the respondents ask for a construction of the will pursuant to section 3634, Code of Civil Procedure. The pertinent portions of the will of Mrs. Henrietta Swartz, for the purpose of construction, are as follows : “ Tenth.
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In the proceedings for probate the respondents ask for a construction of the will pursuant to section 3634, Code of Civil Procedure. The pertinent portions of the will of Mrs. Henrietta Swartz, for the purpose of construction, are as follows : “ Tenth. I give and bequeath to my daughter, Annie S. Lyon, the sum of five thousand ($5,000) dollars, to be hers absolutely, and I direct my executrices and executor, hereinafter named, to pay the said sum to her at the earliest possible moment after my decease. “ Eleventh. I give and bequeath to my daughter, Emily S. Andrews, the sum of seven thousand…
1Opinion of the Court
Fowler, S.
This is an appeal to the jurisdiction of the surrogate for relief against an alleged mistake on the part of the testatrix. It involves the whole scope of the surrogate’s present jurisdiction in a proceeding for probate and construction. The arguments of counsel in this cause suggest to my mind important questions the consideration of which can no longer be postponed or passed over by me. The arguments of counsel have been unusually thorough and profound. Prima facie the script propounded as a will in this matter is, on the proofs of its execution, given under oath, entitled to…
2Cases cited16 opinions
- In Re Proving the Will of MountNew York Court of Appeals · 1906
- In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
- Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
- In Re the Probate of the Will of KelemanNew York Court of Appeals · 1891
- In re the Probate of Papers Propounded as the Last Will & Testament & a Codicil thereto of Van NessNew York Surrogate's Court · 1912
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3Cited by3 opinions
- In re Kathan's WillNew York Surrogate's Court · 1913
- In re the Estate of GosdenNew York Surrogate's Court · 1936
- In re Townley's WillNew York Surrogate's Court · 1913