In re the Probate of the Last Will & Testament of Kearney
Appellate Division of the Supreme Court of the State of New York
Appeal by Edward J. Kearney, an heir at law and next' of lcin of Patrick Kearney, deceased, from a decree of the Surrogate’s Court of the county of Kings, entered in said Surrogate’s Court on the 4th; day of February, 1901, admitting to probate an instrument propounded as the. last will and testament of Patrick Kearney, deceased, .
1Opinion of the Court
Jenks, J.:
■ At the close of September, 1900, the testator fell ill of the typhoid fever. He made his will on October eleventh, at two o’clock in the morning, and lived for eleven days thereafter. Hypo-static pneumonia manifested itself within a week or ten days of lii's death, but his physician testifies that he appeared to improve until a short time before it. The testator Was sixty-eight years old, and left a widow, but no heirs, except one brother. He made- his wife his sole beneficiary. The testator -was a former policeman, who owned the house wherein he and his wife lived. It does not…
2Cases cited3 opinions
- Stevens v. VancleveU.S. Circuit Court for the District of New Jersey · 1822
- Butler v. BensonNew York Supreme Court · 1847
- Campbell v. LoganNew York Surrogate's Court · 1852
3Cited by14 opinions
- Points v. NierWashington Supreme Court · 1916
- In re Proving the Last Will & Testament of KingNew York Surrogate's Court · 1915
- In re Will of CoxSupreme Judicial Court of Maine · 1942
- In re the Estate of MorrisAppellate Division of the Supreme Court of the State of New York · 1994
- In re the Probate of a Paper Propounded as the Last Will & Testament of KnightNew York Surrogate's Court · 1914
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