Collyer v. Collyer
New York Surrogate's Court
Elizabeth Collyer died in March, 1883, leaving, as alleged, about $70,000 of personal estate. After a fruitless search for a will of the decedent and on April 13th, of the same year, letters of administration on her estate were duly granted to her brother, Charles S. Collyer.
Read the full summary
Elizabeth Collyer died in March, 1883, leaving, as alleged, about $70,000 of personal estate. After a fruitless search for a will of the decedent and on April 13th, of the same year, letters of administration on her estate were duly granted to her brother, Charles S. Collyer. On August 10th, 1885, the latter filed a petition for a judicial settlement of his account, to which George B. Collyer alleged, inter alia, as an objection, that the decedent left a last will and testament; and he subsequently filed a petition praying leave to prove the same as a lost or destroyed will. Thereupon, the…
1Opinion of the Court
The Surrogate.
This proceeding was instituted with a view to proving the last will and testament of Elizabeth Collyer, deceased, as a lost or destroyed will. The power to take such proof, relating to a will of real estate, formerly resided solely with the Court of Chancery (Bowen v. Idley, 11 Wend., 227; 6 Paige, 46). The proceeding was based upon the fact that jurisdiction was lacking in the proper eccle*56siastical courts and courts of law (1 Story Jur., § 440). In such a case, the court usually awarded an issue of clevisavit vel non (Bowen v. Idley, supra), and required that, on the trial of…
2Cases cited5 opinions
- Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
- Knapp v. . KnappNew York Court of Appeals · 1851
- Bowen v. IdleyNew York Court of Chancery · 1836
- Everitt v. EverittNew York Supreme Court · 1864
- Voorhees v. . VoorheesNew York Court of Appeals · 1868
3Cited by2 opinions
- Estate of Johnson, Superior Court of California, County of San Francisco1903
- In re the Probate of the Last Will & Testament of WaldronNew York Surrogate's Court · 1911