Legal Opinion

In Re the Probate of the Will of Tremain

New York Court of Appeals

Decided April 16, 1940PublishedCited by 22 opinions

1Opinion of the CourtLewis, J.

The will of Esther Hull Tremain has been admitted to probate by a Surrogate’s decree which granted the proponent’s motion for judgment on the pleadings and dismissed the contestants’ objection that the alleged will had been revoked by cancellation. Following the unanimous affirmance by the Appellate Division of that decree, we have granted leave to appeal and now review the record upon which rests the ruling that the presence of certain marks, lines and writings, concededly made by the testatrix in ink upon four of the eleven pages of the will, are insufficient in law to constitute an act of…

2Cases cited5 opinions

  1. Lovell v. . QuitmanNew York Court of Appeals · 1882
  2. In re the Probate of a Paper Propounded as the Last Will & Testament of AkersAppellate Division of the Supreme Court of the State of New York · 1902
  3. Jackson ex dem. Howard v. HollowayNew York Supreme Court · 1811
  4. In Re Proving the Will of McGillNew York Court of Appeals · 1920
  5. Prince v. HazletonCourt for the Trial of Impeachments and Correction of Errors · 1822

3Cited by22 opinions

  1. In re Probate of the Will of FoxNew York Court of Appeals · 1961
  2. In re the Probate of the Will of MacomberAppellate Division of the Supreme Court of the State of New York · 1949
  3. In re the Estate of CoffedNew York Court of Appeals · 1979
  4. In re the Estate of McCaffreyNew York Surrogate's Court · 1940
  5. In re the Accounting of SussdorffNew York Surrogate's Court · 1943

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