In Re Proving the Last Will & Testament of Kennedy
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made July 17, 1900, affirming a decree of the Surrogate’s Court of the county of New York refusing to admit to probate two instruments purporting to be the last will and testament of Rachel Lenox Kennedy, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made July 17, 1900, affirming a decree of the Surrogate’s Court of the county of New York refusing to admit to probate two instruments purporting to be the last will and testament of Rachel Lenox Kennedy, deceased. The facts, so far as material, are stated in the opinion. It was error for the surrogate to refuse to allow the proponents to prove declarations of the testatrix inconsistent with an intention to revoke her will and codicil, and which tended to prove their continued existence down…
1Opinion of the CourtO’Brien, J.
The order from which this appeal is taken affirmed a decree of the surrogate of Hew York, refusing to admit to probate two instruments, dated, respectively, March 19th, 1895, and Hovember 7th, 1897, purporting to be the last will and codicil of Kacliel Lenox Kennedy, who died on the thirtyffirst day of July, 1898. The proceedings were instituted by the petition of the legatees and devisees named in the will and one of the executors and resisted by the next of kin and the other executor. The petition alleged that these instruments, copies of which were annexed, had been duly executed and…
2Cases cited22 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Horn v. . PullmanNew York Court of Appeals · 1878
- Waterman v. . WhitneyNew York Court of Appeals · 1854
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3Cited by117 opinions
- Shepard v. United StatesSupreme Court of the United States · 1933
- Barson v. . MulliganNew York Court of Appeals · 1908
- In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
- Luis v. MuhrbackOregon Supreme Court · 1907
- In Re the Probate of the Will of StaigerNew York Court of Appeals · 1926
112 more not listed; retrieve them via the Exa API.