Legal Opinion

Hubbard v. . Hubbard

New York Court of Appeals

Decided March 5, 1853PublishedCited by 8 opinions

This was an appeal from a judgment of the supreme court in the second judicial district, reversing a judgment made at a special term, by which a decree of the surrogate of Suffolk county, establishing a nuncupative will of William L. Hubbard of Greenport was reversed.

Read the full summary

This was an appeal from a judgment of the supreme court in the second judicial district, reversing a judgment made at a special term, by which a decree of the surrogate of Suffolk county, establishing a nuncupative will of William L. Hubbard of Greenport was reversed. The facts which appeared in the case were as follows: William L. Hubbard, the husband of the respondent,. Maria J. Hubbard, and son of the appellant, was the captain and owner of the schooner Oregon of Greenport, Long Island. She had been to Philadelphia for a load of coal, and was on her return, lying at anchor on account of…

1Opinion of the Court

The opinion of the court was delivered by

Mason, J.

It is provided in this state by statute that no nuncupative or unwritten will, bequeathing personal estate, shall be valid, unless made by a soldier while in actual service, or by a mariner while at sea. (2 R. S. 60, § 22.) As to the wills of soldiers in actual service, and mariners at sea, they are left entirely untrammeled by our statutes, and are governed by the principles of the common law. The exception in our statute of wills in favor of soldiers and mariners was taken from the 29 Car. 2, Chap. 3, and is precisely the same, and the same…

2Cases cited2 opinions

  1. United States v. WiltbergerSupreme Court of the United States · 1820
  2. United States v. GrushU.S. Circuit Court for the District of Massachusetts · 1829

3Cited by8 opinions

  1. In re the Estate of ZaiacNew York Surrogate's Court · 1937
  2. In re the Probate of the Nuncupative Will of O'ConnorNew York Surrogate's Court · 1909
  3. In re the Estate of HickeyNew York Surrogate's Court · 1920
  4. In re the Estate of DumontNew York Surrogate's Court · 1938
  5. Mulligan v. LeonardSupreme Court of Iowa · 1877

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API