In re Ellery
Appellate Division of the Supreme Court of the State of New York
Appeal by Amelia Ellery from an order of the Surrogate’s Court of Richmond county, entered in said Surrogate’s Court on the 30th day of March, 1910.
1Opinion of the Court
Jenks, J.:
This is an appeal from the order of a Surrogate’s Court that denies a petition for the revocation of the probate of Battanchon’s will and ratifies and confirms the decree of probate thereof. The subscribing witnesses died before the testator, and, therefore, it was sought to establish the will under section 2620 of the Code of Civil Procedure by “ proof of the handwriting of the testator and of the subscribing witnesses, and also of such other circumstances as would be sufficient to prove the will upon the trial of an action.” After a hearing upon the petition the learned surrogate…
2Cases cited11 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- Brown v. . ClarkNew York Court of Appeals · 1879
- Jackson v. . JacksonNew York Court of Appeals · 1868
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- In Re the Probate of a Paper Propounded as the Last Will & Testament of TurellNew York Court of Appeals · 1901
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3Cited by3 opinions
- In re proving the last will & testament of RosenthalNew York Surrogate's Court · 1917
- In re Proving the Last Will & Testament of TruelsenNew York Surrogate's Court · 1927
- In re the Estate of AmicoNew York Surrogate's Court · 1966