Delafield v. Parish
New York Court of Appeals
Appeal from the Supreme Court. This was a controversy touching the validity of two alleged codicils to the will of Henry Parish, deceased, propounded by Joseph Delafield, an executor, before the surrogate of New York, and rejected. Susan M. Parish, the decedent’s widow, the principal beneficiary in the contested papers, appealed pro interesse suo. Joseph Delafield, the executor, also-appealed.
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Appeal from the Supreme Court. This was a controversy touching the validity of two alleged codicils to the will of Henry Parish, deceased, propounded by Joseph Delafield, an executor, before the surrogate of New York, and rejected. Susan M. Parish, the decedent’s widow, the principal beneficiary in the contested papers, appealed pro interesse suo. Joseph Delafield, the executor, also-appealed. The will is dated September 20, 1842. The first alleged codicil is dated August 29, 1849 ; and it was re-executed December 17, 1849. There was no legal question before this court as to either of these…
1Opinion of the CourtDavies, J.
This is an appellate tribunal, and its ordinary duty is to review the decisions of the courts from which appeals lie to it, solely on questions of law. There is a class of cases, however, where it is incumbent oh us to review questions of fact, and the present cases are of that character. We are called upon, by the appeals taken therein, to affirm or reverse the decree of the surrogate of ¡New York, which on appeal has been affirmed by the Supreme Court of the first judicial district. By that decision the surrogate refused to admit to probate two codicils to the will of Henry Parish,…
2Cases cited9 opinions
- Clark v. FisherNew York Court of Chancery · 1828
- Stewart's v. LispenardNew York Supreme Court · 1841
- De Witt v. . Barly and SchoonmakerNew York Court of Appeals · 1858
- Blanchard v. NestleNew York Supreme Court · 1846
- Crispell v. DuboisNew York Supreme Court · 1848
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