Legal Opinion

In Re Proving the Will of Horton

New York Court of Appeals

Decided March 7, 1916PublishedCited by 39 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 30, 1915, which affirmed a decree of the Westchester County Surrogate’s Court, admitting to probate the will of George W. Horton, deceased. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 30, 1915, which affirmed a decree of the Westchester County Surrogate’s Court, admitting to probate the will of George W. Horton, deceased. The facts, so far as material, are stated in the opinion. The exclusion by fche surrogate of the exemplified copy of the paper writing on file in the office of the clerk of the Surrogate’s Court of Lake county, in the state of Ohio, and of the record of the proceedings of said court had thereon, and of the letters testamentary issued out of…

1Opinion of the CourtHiscock, J.

George W. Horton, the testator, died at Chardon, in the state of Ohio, on September 14, 1913. He left an instrument dated April 5, 1902, executed according to the laws of this state as a will, in which he disposed of his entire estate and appointed his daughter, Jane Ann Dickie, the executrix thereof. In this instrument he described himself as a resident of City Island in this state.

After Horton’s death this instrument was offered for probate in the Surrogate’s Oourt of Westchester county in this state, where he had left assets, by the executrix thereof as his last will and testament. Such…

2Cases cited10 opinions

  1. Tilt v. KelseySupreme Court of the United States · 1907
  2. Overby v. GordonSupreme Court of the United States · 1900
  3. Christianson v. King CountySupreme Court of the United States · 1915
  4. Woodruff v. TaylorSupreme Court of Vermont · 1847
  5. Bonnemort v. GillMassachusetts Supreme Judicial Court · 1897

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3Cited by39 opinions

  1. Riley v. New York Trust Co.Supreme Court of the United States · 1942
  2. Helme v. . BuckelewNew York Court of Appeals · 1920
  3. Tuells v. FlintMassachusetts Supreme Judicial Court · 1933
  4. Smith v. NormartArizona Supreme Court · 1938
  5. In Re Estate of PierceSupreme Court of Iowa · 1953

34 more not listed; retrieve them via the Exa API.

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