Legal Opinion

In re Revocation of the Probate of the Will of Stillman

New York Surrogate's Court

Decided February 15, 1890PublishedCited by 2 opinions

Petition by Howard Crosby, Margaret A. Gaynor, Louise Killett and the Association for Befriending Young Girls for a revocation of the probate of the will of Mary L. Stillman, deceased. The facts appear in the opinion of the Surrogate.

1Opinion of the Court

The Surrogate.

The will, except the printed portion, is in the handwriting of the decedent, and as to form, is in all respects a will. No doubt exists as to her capacity to make a will, nor is there any pretence that she was subject to any restraint. It is, however, strenuously argued that the paper was not duly subscribed and published. The argument in support of this view is a strong one, but it cannot prevail. The purpose of our statute being ascertained, no difficulty will be found in the way of a right decision in this proceeding.

The purpose of the statute is to prevent fraud upon the…

2Cases cited5 opinions

  1. Baskin v. . BaskinNew York Court of Appeals · 1867
  2. Gilbert v. . KnoxNew York Court of Appeals · 1873
  3. Trustees of Auburn Seminary v. . CalhounNew York Court of Appeals · 1862
  4. Jauncey v. ThorneNew York Court of Chancery · 1846
  5. Lane v. . LaneNew York Court of Appeals · 1884

3Cited by2 opinions

  1. In re Perego's WillNew York Supreme Court · 1892
  2. In re the Probate of the Will of BedellNew York Surrogate's Court · 1890

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