In re Proving the Alleged Last Will & Testament of Dake
Appellate Division of the Supreme Court of the State of New York
Appeal" by tbe contestants, Moses W. Dake and others, from a decree of the Surrogate’s Court of the county of Livingston, entered in said Surrogate’s Court on the 8th day of July, 1901, by which it was adjudged that the papers propounded for probate "by Fanny M. Dake, the widow of said Jonathan M. Dake, should he admitted to probate as his last will and testament and codicils thereto.
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Appeal" by tbe contestants, Moses W. Dake and others, from a decree of the Surrogate’s Court of the county of Livingston, entered in said Surrogate’s Court on the 8th day of July, 1901, by which it was adjudged that the papers propounded for probate "by Fanny M. Dake, the widow of said Jonathan M. Dake, should he admitted to probate as his last will and testament and codicils thereto. The proceedings upon the probate of said will were had before the district attorney of said county acting as surrogate.
1Opinion of the Court
Hiscock, J.:
We think that the decree appealed from should be affirmed in so far as it admits to probate the original will made by the deceased, and should be reversed in so far as it admits to probate the two alleged codicils thereto.
Jonathan M. Dake died in February, 1900, being a resident of •Livingston county. He was over eighty years old at death and seems to have developed a quite well-defined predilection for writing wills and codicils and other communications to be published post mortem. He had been married four times. He was survived by his last wife and one child of that union, and…
2Cases cited3 opinions
- In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
- Crossman v. . CrossmanNew York Court of Appeals · 1884
- In re the Probate of the Will of WilliamsNew York Surrogate's Court · 1901
3Cited by9 opinions
- In Re the Probate of the Will of AllenNew York Court of Appeals · 1940
- In re Proving the Last Will & Testament of EastonNew York Surrogate's Court · 1914
- In re the Probate of the Will of AndrewsNew York Surrogate's Court · 1949
- In re the Estate of GriffinAppellate Division of the Supreme Court of the State of New York · 1981
- In re the Probate of the Will of BuonoNew York Surrogate's Court · 1958
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