In re Philp's Will
New York Supreme Court
Appeal from surrogate’s court, New York county. Petition by Adelia F. Philp to probate an instrument as the last will and testament of James Philp, deceased- From a decree denying the probate, proponent appeals.
1Opinion of the CourtO’Brien, J.
From the decree of the surrogate refusing to admit to probate a writing alleged to be the will of James Philp, on the ground that the same had been canceled during the lifetime of the decedent, this appeal is taken. Upon the trial, evidence was given of the due execution of the writing by the decedent at the time of its date (August 4, 1887) in the city of New York, and that he was at the time, in all respects, competent to execute a will, and that said paper was after its execution delivered to him, and that on the following day he departed from the city of New York, and was absent in…
2Cases cited2 opinions
- Collyer v. . CollyerNew York Court of Appeals · 1888
- Lovell v. . QuitmanNew York Court of Appeals · 1882
3Cited by7 opinions
- In re the Probate of a Paper Propounded as the Last Will & Testament of AkersAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Application for the Probate of the Last Will & Testament of ParsonsNew York Surrogate's Court · 1922
- In re the Estate of BrookmanNew York Surrogate's Court · 1895
- In re Forbes' WillNew York Surrogate's Court · 1893
- In re Proving the Last Will & Testament of MillerNew York Surrogate's Court · 1906
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