Hill v. . Crockford
New York Court of Appeals
ApPEAL.from a judgment at a general term of the Supreme Court, affirming a judgment of nonsuit given at the circuit. The action was ejectment. The plaintiffs claimed title to the premises sought to be recovered through the will of John Gr. Hill.
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ApPEAL.from a judgment at a general term of the Supreme Court, affirming a judgment of nonsuit given at the circuit. The action was ejectment. The plaintiffs claimed title to the premises sought to be recovered through the will of John Gr. Hill. To sustain their case, they offered, in evidence, what was claimed to be an exemplified copy of the record, and the whole thereof, of such will, bearing date December 29 th, 1803, purporting to be proved before the Surrogate of the City and County of New York, in June, 1805, and recorded in the record of wills in said surrogate’s office; but such…
1Opinion of the CourtJames, J.
It was not claimed on the argument that the surrogate of the City and County of New York had authority to admit a will to probate, and record the same as a will of real property; that power was then vested in the Court of Chancery, the Supreme Court and the Court of Common Pleas. But such surrogate had authority to take the proof of wills, which he was required to record, “ together with the proof thereof,” in books to be kept for that purpose. (Act of March 27, 1801, §§ 3, 7.) In 1850, an act of the legislature of this State provided that “ the exemplification of any record of any last will…
2Cited by3 opinions
- People v. ClurmanNew York Court of Appeals · 1943
- Charlton v. BrownSupreme Court of Missouri · 1872
- Fetes v. VolmerNew York Supreme Court · 1890