Legal Opinion

In re Probate of the Last Will & Testament of Cornell

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899PublishedCited by 6 opinions

Appeal by Eleanor C. Smith, the heir at law and next of kin of Charles W. Cornell, deceased, from a decree of the Surrogate’s "Court of Ulster county, entered in said Surrogate’s Court on the 31st ■day of December, 1898, admitting to probate an instrument propounded as the last will and testament of said Charles W. Cornell, ■deceased.

1Opinion of the Court

Merwin, J.:

The instrument admitted to probate as being the last will and testament of Charles W. Cornell, deceased, is dated June 1, 1894. Mr. 'Cornell died on the 9th of May, 1898, then being of-the age of about sixty-five years. By the will all the property of the decedent is given to the proponent, Charles W. Crispell, who is also named as executor. The decedent left no wife or children, and his sole heir and next of kin was a half sister, the daughter of his father by a second marriage. She filed objections to the proof of the will, the chief grounds of contest being that the decedent was…

2Cases cited7 opinions

  1. In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
  2. Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
  3. Peck v. . CaryNew York Court of Appeals · 1863
  4. Cudney v. . CudneyNew York Court of Appeals · 1877
  5. Horn v. . PullmanNew York Court of Appeals · 1878

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3Cited by6 opinions

  1. In re Campbell's WillNew York Surrogate's Court · 1912
  2. In re Proving the Last Will & Testament of ConnorAppellate Division of the Supreme Court of the State of New York · 1930
  3. In re the Probate of the Last Will & Testament of StrebAppellate Division of the Supreme Court of the State of New York · 1936
  4. In re Probate of a Paper Purporting To Be the Last Will & Testament of McCabeNew York Surrogate's Court · 1911
  5. In re Proving the Alleged Last Will & Testament of SmallAppellate Division of the Supreme Court of the State of New York · 1905

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