In re Barber's Will
New York Supreme Court
Appeal from surrogate’s court, Cayuga county. Cornelia M. Barber filed a petition praying that the will of Mary E. Barber be admitted to probate, and objections were filed by Frances M. Benson. From a decree admitting the will to probate, ■contestant appeals. Reversed.
1Opinion of the CourtWard, J.
Mary E. Barber, a widow lady in the city of Auburn having considerable property, died on the 27th of January, 1895. She had no children or other descendants, and her heirs and next of kin were two sisters, Cornelia M. Barber and Mrs. Frances M. Benson. In March, 1895, Cornelia M. Barber, whom we shall style hereafter as the “proponent,” filed a petition with the surrogate of Cayuga county praying for the probate of what she claimed to be the will of the deceased. Frances M. Benson contested such probate, and interposed a defense by filing an answer, and the issues thus made were tried before…
2Cases cited3 opinions
- Herrick v. MalinCourt for the Trial of Impeachments and Correction of Errors · 1839
- Smith v. McGowanNew York Supreme Court · 1848
- Acker v. LedyardNew York Supreme Court · 1850
3Cited by8 opinions
- In re the Probate of the Last Will and Testament of CurtisAppellate Division of the Supreme Court of the State of New York · 1909
- In re Proving the Last Will & Testament of FrancisNew York Surrogate's Court · 1911
- In re the Estate of EnrightNew York Surrogate's Court · 1931
- In re the Probate of the Will of DaltonNew York Surrogate's Court · 1945
- Scott v. ThrallSupreme Court of Kansas · 1908
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