In Re the Probate of a Paper Propounded as the Last Will & Testament of Turell
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made February 16, 1900, which affirmed a decree of the Surrogate’s Court of the county of Hew York denying probate of a paper propounded as the last will and testament of Serena D. Turell, deceased. The facts, so far as material, are stated in the opinion. Mrs. Turell acknowledged the signature at the end of the will to be her signature.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made February 16, 1900, which affirmed a decree of the Surrogate’s Court of the county of Hew York denying probate of a paper propounded as the last will and testament of Serena D. Turell, deceased. The facts, so far as material, are stated in the opinion. Mrs. Turell acknowledged the signature at the end of the will to be her signature. (Peck v. Cary, 27 N. Y. 9; Matter of Laudy, 161 N. Y. 429 ; Matter of Mackay, 110 N. Y. 611; Matter of Bernsee, 141 N. Y. 389; Matter of Laudy, 148 N. Y. 403…
1Opinion of the CourtGray, J.
The surrogate’s conclusion, that the will of the deceased was not executed and' attested in the manner prescribed by the law of the state and that probate thereof should be denied, was based upon findings as to tlie facts which seem to me to be quite controlling. He found, in substance, as follows : that the instrument which was offered for probate, with the attestation clause appended thereto and subscribed by two witnesses, was in the handwriting of the testatrix; that, upon the occasion when it purported to have been executed, the witnesses had attended upon the deceased at her room in a…
2Cases cited6 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- Lewis v. . LewisNew York Court of Appeals · 1854
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
- In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
- Gilbert v. . KnoxNew York Court of Appeals · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- In re Proving the Last Will & Testament of KeeffeAppellate Division of the Supreme Court of the State of New York · 1913
- In re Proving the Last Will & Testament of MooreAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Estate of FalkAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Estate of PilonAppellate Division of the Supreme Court of the State of New York · 2004
- In re the Probate of the Will of PulvermacherNew York Court of Appeals · 1953
44 more not listed; retrieve them via the Exa API.