Legal Opinion

In re Liddington's Will

New York Supreme Court

Decided January 15, 1889PublishedCited by 1 opinion

Appeal from surrogate’s court, Tompkins county. Petition by Frederick Liddington and others to revoke the probate of the will of Valentine Liddington, deceased. From a decree of revocation Charles D: FTixon, executor and residuary legatee under said will, appeals. Code Civil Proc. FT. T. § 2648, requires a petition for revocation of probate of a will to be filed within a year after such probate.

1Opinion of the CourtMartin, J.

On March 24, 1884, Valentine Liddington died at the town of Caroline, in Tompkins county, leaving what purported to be his last will and testament, and a codicil thereto. The will was claimed to have been made January 20, 1881, and the codicil, February 23, 1884. By this will the testator’s wife was given the net income of all his estate during the term of her natural life, and, if insufficient for her maintenance and support, his executor was authorized to use such of the principal as he deemed necessary for that purpose. Valentine Liddington, a nephew, was given 96 acres of land, such gift…

2Cases cited6 opinions

  1. In Re the Probate of the Will of GouraudNew York Court of Appeals · 1884
  2. Forman v. SmithNew York Supreme Court · 1872
  3. Van Pelt v. Van PeltNew York Supreme Court · 1858
  4. Lee v. DillNew York Supreme Court · 1860
  5. Cooper v. BenedictNew York Surrogate's Court · 1884

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3Cited by1 opinion

  1. In re Bradley's WillNew York Supreme Court · 1893

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