In re Gaffney
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Flora Gaffney, from a decree of the Surrogate’s Court of the county of Monroe, entered in said Surrogate’s Court on the 9th day of June, 1906, denying a petition to 'open the probate of a will and codicil, and for a rehearing of the matter.
1Dissent
Kruse, J. (dissenting):
Emily L. Gaffney died leaving a last will and testament of both real and personal property. She bequeathed all of her property to a trustee, which involved converting the real estate into personal property, directing the trustee to dispose of the income and principal as stated in the will. Flora Gaffney, the appellant' petitioner, was made a beneficiary under the original will. She was cut off by the subsequent codicil, if it was valid, but she claims that the codicil was ' never executed by the testatrix in the manner which the law requires.
The codicil was probated…
2Cases cited10 opinions
- In Re the Several Accountings of the Executors of TildenNew York Court of Appeals · 1885
- Matter of HendersonNew York Court of Appeals · 1898
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Hoyt v. . HoytNew York Court of Appeals · 1889
- Vance v. UpsonTexas Supreme Court · 1885
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