Scribner v. Williams
New York Court of Chancery
The appellant applied to the surrogate of Westchester for probate of the will of Martha Williams deceased; and the same being contested, the surrogate pronounced against the validity of the will. From this sentence of the surrogate the executor appealed to this court.
1Opinion of the Court
The Chancellor :—There is no doubt of the power of appellate courts, proceeding according to the course of the civil law, to allow the parties to introduce new allegations or further proofs. Such is the settled practice of the ecclesiastical courts in England, and of the admiralty courts in this country. But from the organization of the Court of Errors, it is doubtful whether any such right exists on appeals from the sentences or decrees of this court in testamentary causes. *In those courts where the right does exist, it is not a matter of course to allow the parties to produce further…
2Cases cited3 opinions
- The PizarroSupreme Court of the United States · 1817
- The St. Lawrence, Webb, MasterSupreme Court of the United States · 1814
- The EuphratesSupreme Court of the United States · 1814
3Cited by5 opinions
- Devin v. . PatchinNew York Court of Appeals · 1863
- In re Proving Several Papers as Last Wills & Testaments of MartinNew York Surrogate's Court · 1913
- Burger v. . BurgerNew York Court of Appeals · 1888
- Personette v. JohnsonNew Jersey Superior Court Appellate Division · 1885
- Devin v. PatchinNew York Court of Appeals · 1863