Children's Aid Society v. . Loveridge
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a decree of the surrogate of the county of New York, admitting to probate the last will and testament of Eliza Hearsey, otherwise known as Eliza Hall, deceased. The will- was dated July 11th, 1874. The facts appear sufficiently in the opinion. The fact that the witnesses to the will were named therein as executors rendered them incompetent.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a decree of the surrogate of the county of New York, admitting to probate the last will and testament of Eliza Hearsey, otherwise known as Eliza Hall, deceased. The will- was dated July 11th, 1874. The facts appear sufficiently in the opinion. The fact that the witnesses to the will were named therein as executors rendered them incompetent. (2 R. S., 65, § 50; Robertson v. Cain, 5 N. Y., 125; Converce v. Wooley, I Abb. Ct. of App. Dec., 441; Burritt v Silliman, 13 N. Y., 93; 16 Barb., 198;…
1Opinion of the CourtMiller, J.
The evidence upon the hearing of this case covers an extended field of inquiry. The testatrix during* her life made five different wills, the first one in 1857, and the last, which is the subject of this controversy, on the twelfth, but bearing date the eleventh day of July, 1874. She died on the 5th day of February, 1875, being at the time seventy-eight years of age, and possessed of an estate valued at about one hundred thousand dollars. She was a widow lady without any children, and with no very near relatives, in whom she took any particular interest.
The will in controversy bequeaths to…
2Cases cited7 opinions
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Gardiner v. GardinerNew York Court of Appeals · 1865
- Brick v. . BrickNew York Court of Appeals · 1876
- Seguine v. SeguineNew York Court of Appeals · 1867
- Reynolds v. RootNew York Supreme Court · 1862
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3Cited by127 opinions
- In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
- In Re the Estate of KumstarNew York Court of Appeals · 1985
- Loder v. . WhelpleyNew York Court of Appeals · 1888
- In re RuefAppellate Division of the Supreme Court of the State of New York · 1917
- American Committee for Weizmann Institute of Science v. DunnNew York Court of Appeals · 2008
122 more not listed; retrieve them via the Exa API.