In re Kennedy
Appellate Division of the Supreme Court of the State of New York
Appeal by the proponents, Francis Halpin and others, from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 29th day of December, 1899, refusing to admit to probate the alleged lost or destroyed will and codicil of Rachel Lenox Kennedy, deceased.
1Opinion of the Court
Rumsey, J.:
This appeal is taken from the decree of the surrogate refusing to admit to probate the will of Rachel L. Kennedy which was pro? pounded as a lost will. The statute gives to the Surrogate’s Court jurisdiction to admit a lost or destroyed will to probate only in a case where judgment establishing the will could be rendered in the Supreme Court. (Code Civ. Proc. § 2621.) The authority of the Supreme Court to enter judgment in such a case is found in section 1865- of the Code, which expressly prescribes that a plaintiff who propounds such a will is not entitled to judgment unless the…
2Cases cited7 opinions
- Waterman v. . WhitneyNew York Court of Appeals · 1854
- Collyer v. . CollyerNew York Court of Appeals · 1888
- Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
- Jackson ex dem. Coe v. KniffenNew York Supreme Court · 1806
- Dan v. BrownNew York Supreme Court · 1825
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Scheuer v. StateMontana Supreme Court · 1904
- In re Proving the Last Will & Testament of KentAppellate Division of the Supreme Court of the State of New York · 1915
- In re the Estate of FogartyNew York Surrogate's Court · 1935
- Estate of Johnson, Superior Court of California, County of San Francisco1903