Hoyt v. Jackson
New York Surrogate's Court
Application by decedent’s daughter, Mary I. Hoyt, under Code Civ. Pro., § 2647, to revoke the probate of his will; opposed by James W. Jackson, and others, the executors. Upon the hearing of the application, proponents having rested, contestant asked the court to decide whether after her proofs should have been submitted, proponents would be limited, in the production of further evidence, to matters strictly in rebuttal. On May 2nd, 1884, the following opinion was filed :
1Opinion of the Court
The Surrogate.
The questions at issue in this proceeding are the following:
First. Was the instrument lately admitted to probate as the last will and testament of Jesse Hoyt duly executed in accordance with all the formalities prescribed by law ?
*446Second. Afc the time of its execution, was the decedent of sound mind and memory ?
Third. Does it express his free, untrammeled testamentary purposes ?
The decree whereby it has heretofore been admitted to probate must be revoked in accordance with the prayer of the petitioners, unless these questions shall all be answered in the affirmative. The…
2Cases cited8 opinions
- Marshall v. . DaviesNew York Court of Appeals · 1879
- Yankee Jim's Union Water Co. v. CraryCalifornia Supreme Court · 1864
- Bryan v. WatsonSupreme Court of Georgia · 1856
- Hastings v. PalmerNew York Supreme Court · 1838
- Kohler v. Wells, Fargo & Co.California Supreme Court · 1864
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re Falabella's WillNew York Surrogate's Court · 1913
- In re Gedney's WildNew York Surrogate's Court · 1913