Alston v. Jones
New York Court of Chancery
This was an application to dismiss an appeal, made directly to the chancellor, from the sentence or decree of the surrogate of the city of New-York, confirming the probate of a will of personal property, upon allegations against the validity of the will, filed in the office of the surrogate, by the appellants, pursuant to the 31st section of the article of the revised statutes relative to wills of personal property and the probate of them.
1Opinion of the Court
The Chancellor.
The 35th section of the title of the revised statutes relative to wills and testaments of real and personal property and the probate of them, (2 R. S. 62,) gives an appeal from the decision of a surrogate upon allegations filed to test the validity of a will of personal property or the competency of the proof thereof. And the only question in this case is, whether an appeal lies directly to the chancellor ; or whether the party complaining of the sentence or decree of the surrogate is to appeal in the first place to the circuit judge, as authorized by the 55th section of that…
2Cases cited1 opinion
- Stewart's v. LispenardNew York Supreme Court · 1841
3Cited by3 opinions
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Sutton v. . RayNew York Court of Appeals · 1878
- Mason v. JonesNew York Surrogate's Court · 1853