In re Proving the Last Will & Testament of Burbank
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestants, Georgiana Duvernois and others, from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 8th day of July, 1904, admitting to probate the last will and testament of Ambrose B; Burbank, deceased.
1Opinion of the Court
Van Brunt, P. J.:
There is. no claim made- upon this appeal but that the will which Was admitted to probate was duly executed so as to entitle it to probate, and that the testator at the time of its execution was.of sound mind and that there was .no. evidence of undue influence. It is urged, however,, that there was competent evidence offered tending to show that the testator had made two later wills thereby revoking the will admitted to probate which, however,, had ¡been lost o.r destroyed, and consequently coitld not be produced. '
The questions presented upon this appeal are whether there…
2Cases cited3 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Miles v. . LoomisNew York Court of Appeals · 1878
3Cited by11 opinions
- Luis v. MuhrbackOregon Supreme Court · 1907
- Hawkinson v. OatwayWisconsin Supreme Court · 1910
- In re the Probate of the Last Will & Testament of CorcoranAppellate Division of the Supreme Court of the State of New York · 1911
- In re the Estate of WoodNew York Surrogate's Court · 1934
- In Re D'AgostinoNew Jersey Superior Court Appellate Division · 1949
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