Legal Opinion

In re the Probate of the Last Will of Purdy

New York Surrogate's Court

Decided December 15, 1898PublishedCited by 3 opinions

AhPiiCATioir under section 2621 of the Code of Civil Procedure, for the probate of a will alleged to have been made by decedent, and which, it is claimed by the proponent, was in existence at testator’s death and has since disappeared.

1Opinion of the Court

Arnold, S.

This application is made, under the provisions of section 2621 of the Code of Civil Procedure, for the probate of a will alleged to have been made by the decedent in the spring of 1892, and which, it is claimed by the proponent, was in existence at testator’s death, and has since disappeared. Only two persons were examined as to the execution of the will, and these were the alleged subscribing witnesses thereto. They testify that the testator produced to them a paper, which he said was his will, and asked them to become witnesses to it, and pointed out the place where they should…

2Cases cited3 opinions

  1. Lewis v. . LewisNew York Court of Appeals · 1854
  2. Mitchell v. . MitchellNew York Court of Appeals · 1879
  3. Rutherford v. RutherfordCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by3 opinions

  1. In re Proving the Last Will & Testament of HaberNew York Surrogate's Court · 1922
  2. In re of Proving the Last Will & Testament of PurdyAppellate Division of the Supreme Court of the State of New York · 1899
  3. Estate of Johnson, Superior Court of California, County of San Francisco1903

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