Cornwell v. Woolley
New York Supreme Court
THIS was an action brought by the plaintiff, as assignee of Joel Parker, against the defendant as executrix of Isaac M. Woolley, deceased, to recover the amount of a legacy of $1248, given to said Joel Parker by the will of said Woolley.
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THIS was an action brought by the plaintiff, as assignee of Joel Parker, against the defendant as executrix of Isaac M. Woolley, deceased, to recover the amount of a legacy of $1248, given to said Joel Parker by the will of said Woolley. The court found the following facts: 1. That Isaac M. Woolley, departed this life, leaving his last will and testament, which was duly admitted to probate by the surrogate of the city and county of Hew York; that the will contained a legacy to Joel Parker, amounting to $1248. 2. That Joel Parker duly assigned his claim as legatee, to the above plaintiff; and…
1Opinion of the Court
By the Court, Lott, J.
It appears by the findings of the justice who tried this action, that Joel Parker, under whom the plaintiff claims the legacy in question, was a subscribing witness to the will by which it was bequeathed to him. It also appears that he was, at the time of the testator’s death, a non-resident of the state.
Although he was examined as a witness, on proving the will, it was not necessary that he should have been examined. The examination of such of the subscribing witnesses, only, as reside in this state is required. (Laws of 1837, eh. 460, §§ 10, 17.) This was therefore not…
2Cited by2 opinions
- In re the Judicial Settlement of the Accounts of OwenAppellate Division of the Supreme Court of the State of New York · 1900
- Estate of Zeile, Superior Court of California, County of San Francisco1910