Tucker v. Field
New York Surrogate's Court
Application for the probate of a will. The instrument- propounded bore date July 14, 1877, and was witnessed by .Henry Vignaud and Augustus Biesel. It recited that the testatrix was late of the city and State of New York, then residing in Paris, revoked all former wills, and appointed John J. Cisco, of New York, executor.
Read the full summary
Application for the probate of a will. The instrument- propounded bore date July 14, 1877, and was witnessed by .Henry Vignaud and Augustus Biesel. It recited that the testatrix was late of the city and State of New York, then residing in Paris, revoked all former wills, and appointed John J. Cisco, of New York, executor. Testatrix directed all her debts, funeral and testamentary expenses to be paid, and then gave to her daughter, Eliza L. Tucker, formerly of New York, now of Paris, her furniture left in the house belonging to that daughter in New York, with certain pictures, describing them…
1Opinion of the Court
The Surrogate.
[After stating the testimony.]
The questions raised, and necessary for consideration, in this case, are:
1st. Whether the decedent at her death was domiciled in New York or in France.
2d. Whether the instrument propounded was executed by the decedent free from restraint.
The testimony which is claimed by contestant to establish a domicil in Paris, is substantially- the recita*171tion in the will, stating that decedent was late of the State and city of New York, then residing in Paris :— the testimony of Mrs. Tucker, that decedent resided in Paris, and died there:—that of Mrs. Forbes,…
2Cases cited7 opinions
- Dupuy v. . WurtzNew York Court of Appeals · 1873
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- Cudney v. . CudneyNew York Court of Appeals · 1877
- Seguine v. SeguineNew York Court of Appeals · 1867
- La Bau v. VanderbiltNew York Surrogate's Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Plant v. HarrisonNew York Supreme Court · 1902
- Wood v. BishopNew York Surrogate's Court · 1883