Loomis v. Loomis
New York Supreme Court
TITHE deceased, Catharine Loomis, was in the year 1853 JL married to the defendant. Her maiden name was Catharine Coon. Before she was married, in the year 1853, she made a will—leaving $750 in money, which, after she was married to the defendant, came to his possession. She died in November, 1860, leaving the defendant her surviving husband. Her said will was proved before the surrogate of Oneida county.
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TITHE deceased, Catharine Loomis, was in the year 1853 JL married to the defendant. Her maiden name was Catharine Coon. Before she was married, in the year 1853, she made a will—leaving $750 in money, which, after she was married to the defendant, came to his possession. She died in November, 1860, leaving the defendant her surviving husband. Her said will was proved before the surrogate of Oneida county. The plaintiffs were, by said surrogate, appointed administrators of her estate, with said will annexed. They demanded the money of .the defendant, and he refused to pay it, and this action…
1Opinion of the Court
By the Court, Murray, J.
There is no available exception to the report of the referee. The exceptions are general, not specific. They should be specific, and point out the error complained of. (Tyler v. Willis, 33 Barb. 328. Ingersoll v. Bostwich, 22 N. Y. Rep. 425. Jones v. Osgood, 2 Seld. 233. Caldwell v. Murphy, 1 Kern. 416.)
*258The question as to the validity of the said will was distinctly made on the motion for a nonsuit, which was denied and an exception taken. The question to be considered is, was the will of the deceased, made while she was unmarried, revoked by her subsequent marriage to…
2Cases cited3 opinions
- Ransom v. . NicholsNew York Court of Appeals · 1860
- Williams v. PotterNew York Supreme Court · 1848
- Ingersoll v. . BostwickNew York Court of Appeals · 1860
3Cited by6 opinions
- Ellis v. DardenSupreme Court of Georgia · 1890
- Groton Bridge & Mfg. Co. v. Clark Pressed Brick Co.U.S. Circuit Court for the District of Eastern Arkansas · 1903
- Webb v. JonesNew Jersey Court of Chancery · 1882
- Booth's WillOregon Supreme Court · 1901
- Smith v. ClemsonSuperior Court of Delaware · 1880
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