In Re Proving the Last Will & Testament of Potter
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 11, 1897, affirming a decree of the Surrogate’s Court of Washington county admitting to probate the last will and testament of Orra Potter, deceased. The facts, so far as material, are stated in the opinion. It was error for the surrogate to exclude the testimony of the witnesses Caroline Potter and Seaman Gr. Potter.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 11, 1897, affirming a decree of the Surrogate’s Court of Washington county admitting to probate the last will and testament of Orra Potter, deceased. The facts, so far as material, are stated in the opinion. It was error for the surrogate to exclude the testimony of the witnesses Caroline Potter and Seaman Gr. Potter. They were not disqualified under section 829 of the Code, and it was error to strike out the evidence of those witnesses as to statements and conversations had…
1Opinion of the CourtBartlett, J.
The decree admitting the will of Mrs. Orra Potter to probate is attacked upon the ground that the learned surrogate rejected competent and material evidence on the trial before him. The facts surrounding the controversy have an important bearing upon this question.
The testatrix was nearly eighty-nine years of age at the time she executed this will; she left her surviving seven children, four daughters and three sons.
The residuary legatees are her son Seaman G. and her daughter Caroline M.
A trifling legacy of personal property is given to her son John I)., and to his wife a cash legacy of…
2Cases cited2 opinions
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Carpenter v. . SouleNew York Court of Appeals · 1882
3Cited by7 opinions
- Darks v. Scudder-Gale Grocer Co.Missouri Court of Appeals · 1910
- James v. FairallSupreme Court of Iowa · 1912
- In Re the Probate of a Paper Propounded as the Last Will & Testament of WoodwardNew York Court of Appeals · 1901
- Thompson v. BrownMissouri Court of Appeals · 1906
- In re the Judicial Settlement of the Account of Proceedings of PhranerNew York Surrogate's Court · 1919
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