In re Easton's Will
New York Court of Chancery
This was an application for a commission to take proof of an instrument executed in Scotland, in 1835, propounded as the last will and testament of William Easton, deceased. The petition was presented by a sister of the decedent, residing in the state of New-Jersey, in whose favor a beneficial provision was made by the instrument propounded as a will; in which petition her husband also joined.
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This was an application for a commission to take proof of an instrument executed in Scotland, in 1835, propounded as the last will and testament of William Easton, deceased. The petition was presented by a sister of the decedent, residing in the state of New-Jersey, in whose favor a beneficial provision was made by the instrument propounded as a will; in which petition her husband also joined. From the petition it appeared that the decedent once lived in this state, but that he died in Scotland in 1835 ; that at the time of his death he had a father living in Scotland, and that the executors…
1Opinion of the Court
The Chancellor.
This petition is not only informal, but is so defective in substance that no order can be made thereon, for the taking of testimony to establish the instrument propounded, either as a will of real or personal estate. A commission to take the proof of a will of real estate can only be issued upon the bill or petition of some person interested in the establishment of the will. It should therefore distinctly appear that the decedent left real property, in this state, in which the petitioner has some legal or beneficial interest under the alleged will. These petitioners do not…
2Cited by3 opinions
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- Bonati v. . WelschNew York Court of Appeals · 1861
- Eldred v. WarnerArizona Supreme Court · 1875