Legal Opinion

In Re the Probate of the Last Will & Testament of Hancock

New York Court of Appeals

Decided January 30, 1883PublishedCited by 13 opinions

Appeal from order of the General Term of the Supreme Court, in the second judicial department, made February 13, 1882, which affirmed a decree of Seth B. Cole, surrogate of the county of RocMand, setting aside a decree of E. A. Suifern, former surrogate of said county. (Reported below, 27 Hun, 78.) The facts appear sufficiently in the opinion.

1Opinion of the Court

Danforth, J;

John Hancock died on the 12th of September, 1874, leaving a will and three codicils, in which he named John Swenerton, John W. Hutton and John Bell Locke, exec-' utors. In the same month the will was presented for probate by John Swenerton to A. Edward Suffern, the then surrogate of Eockland county, and the usual citation issued, returnable on the 16th of November, 1874. At the return day allegations were made by various parties against the validity of the will and codicils. On the 26th day of December, 1874, Walsh, one of the next of kin of the testator, presented his petition to…

2Cases cited1 opinion

  1. Disbrow v. . MillsNew York Court of Appeals · 1875

3Cited by13 opinions

  1. Lindsay-Strathmore Irrigation Dist. v. Superior Court of Tulare Cty.California Supreme Court · 1920
  2. Podhajsky v. BednarSupreme Court of Iowa · 1908
  3. People v. McDonald, New York County Courts1957
  4. People v. Capuano, New York County Courts1971
  5. In re Robin ONew York City Family Court · 1974

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