In re Probate of the Last Will & Testament of Gallup
Appellate Division of the Supreme Court of the State of New York
Appeal by Evangeline Close and others, contestants, from a decree of the Surrogate’s Court of Kings county, entered in said Surrogate’s Court on the 17th day of April, 1899, so far as the same relates to the instrument purporting to be a codicil to the will of Emeline Gallup, deceased.
1Opinion of the Court
Willard Bartlett, J.:
No question is raised in this proceeding in respect to the validity of the will of Emeline Gallup, which was executed on September 1, 1893. The contest relates solely to the codicil, executed about five years later, on August 6, 1898, when the decedent, was in the ninetieth year of her age. She died in less than three'weeks after the execution of this codicil.
By the will, after directing the payment of her debts and funeral expenses and bequeathing $300 to Greenwood Cemetery, the testatrix in the 3d clause devised and bequeathed the residue of her estate to Robert Wilson,…
2Cases cited4 opinions
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Cudney v. . CudneyNew York Court of Appeals · 1877
- In Re the Probate of the Last Will of MondorfNew York Court of Appeals · 1888
- Lake v. RanneyNew York Supreme Court · 1860
3Cited by6 opinions
- In re the Probate of the Will of SatterleeAppellate Division of the Supreme Court of the State of New York · 1953
- In re the Estate LawsonAppellate Division of the Supreme Court of the State of New York · 1980
- In re the Estate of DonnellyNew York Surrogate's Court · 1935
- Evans v. TrimbleNew York Supreme Court · 1915
- In re the Probate of the Will of AndersonNew York Surrogate's Court · 1956
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