In Re the Probate of the Will of Trumble
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 29, 1910, which modified and affirmed as modified a decree of the Oswego County Surrogate’s Court adjudging invalid certain portions of the will of William E. Trumble, deceased. William E. Trumble died April 8, 1909, leaving a will, a copy of which, other than the formal parts is as follows: “First. I direct that all my just debts and funeral expenses be paid.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 29, 1910, which modified and affirmed as modified a decree of the Oswego County Surrogate’s Court adjudging invalid certain portions of the will of William E. Trumble, deceased. William E. Trumble died April 8, 1909, leaving a will, a copy of which, other than the formal parts is as follows: “First. I direct that all my just debts and funeral expenses be paid. “ Second. I direct my executor hereinafter named to cause to be erected over my grave a headstone that shall cost not…
1Opinion of the CourtChase, J.
A proceeding was commenced in the Surrogate’s Court to prove the will of William E. Trnmble, deceased, upon the petition of the executor named therein. All of his next of kin and heirs at law were made parties to the proceeding and appeared therein, and each put in issue the validity of paragraph four of said will, as provided by section 2624 of the Code of Civil Procedure.
The surrogate directed that the will be admitted to probate, but found that the fourth paragraph of the will is void and that the residue of the testator’s property therein mentioned passes and descends to the heirs at law…
2Cases cited7 opinions
- Gilman v. . ReddingtonNew York Court of Appeals · 1861
- Gallagher v. . CrooksNew York Court of Appeals · 1892
- Wells v. SquiresAppellate Division of the Supreme Court of the State of New York · 1907
- Wells v. . SquiresNew York Court of Appeals · 1908
- Pomroy v. . HincksNew York Court of Appeals · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Matter of WentworthNew York Court of Appeals · 1920
- In re the Estate of DammannNew York Court of Appeals · 1963
- In re ErbNew York Surrogate's Court · 1929
- In Re the Accounting of First Trust & Deposit Co.New York Court of Appeals · 1943
- In re HutsonAppellate Division of the Supreme Court of the State of New York · 1942
23 more not listed; retrieve them via the Exa API.