Early v. Early
New York Surrogate's Court
This was an application by Margaret Early, decedent’s widow, and sole legatee and devisee, for the probate of a will alleged to have been fraudulently destroyed in decedent’s life-time; opposed on behalf of William J. Early, decedent’s infant son. The facts appear sufficiently in the opinion.
1Opinion of the Court
The Surrogate.
This is an application to prove a will alleged to have been fraudulently destroyed during the life of the testator. It is claimed, on behalf of the infant, on evidence offered on the part of the proponent, that the will was not properly executed; that the contents were not proved by two witnesses; and that it was not fraudulently destroyed.
The testimony as to the execution of the will is not satisfactory, yet when closely analyzed it will be found to be sufficient. The will was drawn by a Mr. McCann, *378who supervised its execution, and who was no doubt familiar with the…
2Cases cited4 opinions
- Horn v. . PullmanNew York Court of Appeals · 1878
- Gilbert v. . KnoxNew York Court of Appeals · 1873
- Schultz v. . SchultzNew York Court of Appeals · 1866
- Doe v. RoeNew York Supreme Court · 1848
3Cited by5 opinions
- Tarbell v. ForbesMassachusetts Supreme Judicial Court · 1900
- In re the Estate of BreckwoldtNew York Surrogate's Court · 1939
- In re the Probate of the Last Will & Testament of DorrityNew York Surrogate's Court · 1922
- In re Proving the Last Will & Testament of GethinsNew York Surrogate's Court · 1916
- In re the Probate of the Last Will & Testament of HughesNew York Surrogate's Court · 1908