Legal Opinion

Sarvent v. Hesdra

New York Surrogate's Court

Decided October 15, 1880PublishedCited by 1 opinion

Application for the probate of a will. The.will propounded bore date August 17, 1876, and. purported to be witnessed by Peter Stephens and I. W. Canfield.

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Application for the probate of a will. The.will propounded bore date August 17, 1876, and. purported to be witnessed by Peter Stephens and I. W. Canfield. After providing for the payment of debts, testatrix gave and devised all the residue of her property, both real and personal, of every kind and nature whatsoever, to her husband, Edward H. Hesdra, forever, and directed that he cause to be erected on her grave a decent and suitable tombstone, and keep the grounds of the plot in goo^. order, and appointed her husband sole executor. * The probate was contested by Margaret Sarvent, decedent’s…

1Opinion of the Court

The Surrogate.

It is conceded that the testimony in this case sufficiently establishes the due execution of the will by the decedent, unless the proof warrants the conclusión that the signature of the decedent, and of the witness Canfield, are forgeries.

The circumstances which are alleged to militate against the genuineness of the instrument propounded are:

First. The long time which intervened between the death of the decedent, and the alleged finding of the instrument.

Second. The improbability of its being found, as stated by the proponent on the stand, after the examination of the papers by…

2Cases cited1 opinion

  1. Bell v. NorwoodSupreme Court of Louisiana · 1834

3Cited by1 opinion

  1. In re the Probate of the Last Will & Testament of GouldNew York Surrogate's Court · 1888

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