Legal Opinion

In re Rapplee's Will

New York Supreme Court

Decided January 18, 1893PublishedCited by 5 opinions

Appeal from surrogate’s court, Yates county. Petition by Celestia Wallington and Jane Arwine, next of kin and "heirs at law of Joshua Rapplee, deceased, to revoke the probate of decedent’s will. From a decree revoking the probate, George Rapplee, one of the executors, Erastus Rapplee, and others, infants, by J. F. Parkhurst, special guardian, appeal. Reversed.

1Opinion of the CourtMacomber, J.

Joshua Rapplee, of the town of Barrington, in the county of Yates, died August 31, 1888, leaving a last will, which bears date September 20, 1886. This will was admitted to probate by the surrogate of Yates county on the 1st day of October, 1888, as a will of both real and personal property. Within one year after such probate, namely, on the 16th day of September, 1889, two of the children, and next of kin and heirs at law, of the testator, namely, Celestia Walling-ton and Jane Arwine, filed a petition with the surrogate, praying for revocation of the probate of the will, upon the ground that…

2Cases cited1 opinion

  1. In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888

3Cited by5 opinions

  1. Lamenza v. SheltonSupreme Court of Connecticut · 1921
  2. In re Hardenburg's WillNew York Supreme Court · 1895
  3. Craite v. MorneauWisconsin Supreme Court · 1921
  4. In re the Probate of Last Will & Testament of DonohueAppellate Division of the Supreme Court of the State of New York · 1904
  5. In Re Proving the Alleged Will of RapleeNew York Court of Appeals · 1894

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