Mead v. Mead
New York Supreme Court
This case came before the court by appeal from a decree or order of the surrogate of the county of Cayuga, admitting to record and probate, an instrument propounded as the will of Israel Mead, deceased.
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This case came before the court by appeal from a decree or order of the surrogate of the county of Cayuga, admitting to record and probate, an instrument propounded as the will of Israel Mead, deceased. Upon the hearing of the appeal, this court directed a reversal of the decision of the surrogate, on the ground that there was no evidence that the deceased subscribed the instrument in question, in the presence of each of the attesting witnesses, or acknowledged to each, that he subscribed the same ; and further directed that costs should be allowed to the appellants, to be paid out of the…
1Opinion of the Court
By the Court,
T. R. Strong, J.
The revised statutes, (vol. 2, p. 66, §§ 55 to 62 inclusive, and page 608, §§ 90 to 98 inclusive,) authorized an appeal to be made to a circuit judge from the decision of a surrogate, admitting or refusing to admit, a will to record or probate, and prescribed the proceedings to be taken on the appeal. Among other things, they provided that the circuit judge should affirm or reverse the decision of the surrogate as should be just. If he affirmed the decision, he was to award costs, to be paid by the party appealing, either personally or out of the estate of the…
2Cases cited3 opinions
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Stewart's v. LispenardNew York Supreme Court · 1841
- Brinckerhoof v. RemsenNew York Court of Chancery · 1840
3Cited by4 opinions
- Saranac Land & Timber Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1908
- Pilling v. PillingNew York Supreme Court · 1865
- Whitbeck v. PattersonNew York Supreme Court · 1856
- McKinley v. LambNew York Supreme Court · 1870