In Re Proving the Will of McGill
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 5, 1920, which affirmed a decree of the Bronx County Surrogate’s Court admitting to probate a paper propounded as the last will and testament of Margaret McGill, deceased. The facts, so far as material, are stated in the opinion. The instrument dated July 3, 1918, operated as a revocation, of the will offered for probate. (Brook v. Ward, Dyer, 310; Doe d.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 5, 1920, which affirmed a decree of the Bronx County Surrogate’s Court admitting to probate a paper propounded as the last will and testament of Margaret McGill, deceased. The facts, so far as material, are stated in the opinion. The instrument dated July 3, 1918, operated as a revocation, of the will offered for probate. (Brook v. Ward, Dyer, 310; Doe d. Reed v. Harris, 6 Ad. & Ell. 209; Bates v. Hacking, 68 Atl. Rep. 622; Matter of Alger, 38 Misc. Rep. 146; Matter of Hausen,…
1Opinion of the CourtChase, J.
Margaret McGill died July 5, 1918, at the age of eighty-two years, unmarried, and without leaving descendant, father, mother, brother, sister, nephew or niece her surviving. She left her surviving thirteen second cousins of the half blood, and four third cousins of the half blood the only persons interested as heirs at law or next of kin in her property, which real and personal, amounted to about $25,000.
She executed a will on September 23, 1916, by which she gave and bequeathed to J. J. Karbry O’Kennedy, her friend and executor named therein, $1,000, and gave, devised and bequeathed to…
2Cases cited8 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Lovell v. . QuitmanNew York Court of Appeals · 1882
- Tynan v. PaschalTexas Supreme Court · 1863
- Burnham v. . ComfortNew York Court of Appeals · 1888
- In re the Probate of the Last Will & Testament of EvansAppellate Division of the Supreme Court of the State of New York · 1906
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3Cited by22 opinions
- Latham v. Father DivineNew York Court of Appeals · 1949
- In Re the Probate of the Will of TremainNew York Court of Appeals · 1940
- In re the Application for the Probate of the Last Will & Testament of ParsonsNew York Surrogate's Court · 1922
- In re Proving the Last Will & Testament of PriceAppellate Division of the Supreme Court of the State of New York · 1923
- In re the Accounting of SussdorffNew York Surrogate's Court · 1943
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