In re Stewart's Will
New York Surrogate's Court
On petition by Rosalie Butler to revoke the probate of the will'of Cornelia M. Stewart, deceased, under which petitioner was a legatee. The agreement referred to in the opinion was executed by 13 of the 19 legatees in the will, but was not signed by this petitioner and others who had commenced proceedings adverse to the will. The agreement provided that these contestants should still receive their legacies in case the will should be defeated.
1Opinion of the Court
Ransom, S.
The important question which must be decided now, and which has been so ably argued on both sides, with the extraordinary and unusual amount of industry which has been employed by both sides in atiempts to ascertain the true rule which governs the rights of the parties here, and which can hardly be magnified, because it reaches beyond the mere question of evidence, is whether Mrs. Wetherell shall be held qualified or not as a mere matter of evidence. It not only has been said by her distinguished counsel, but it is obvious to me, that it may be quite immaterial to her. I have not…
2Cited by8 opinions
- Moran v. MoranSupreme Court of Iowa · 1909
- Lobb v. BrownCalifornia Supreme Court · 1929
- In re Kathan's WillNew York Surrogate's Court · 1913
- In re the Estate of CroninNew York Surrogate's Court · 1932
- In re the Final Judicial Settlement of the Account of Proceedings of MillerNew York Surrogate's Court · 1922
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