Legal Opinion

Cunningham v. Souza

New York Surrogate's Court

Decided February 15, 1863Published

The facts sufficiently appear in the opinion.

1Opinion of the Court

The Surrogate. — A paper was propounded as the last will and testament of William H. Merchant, and as such admitted to probate in this office. By this will Charlotte Souza was named as executrix, and letters testamentary have been granted to her. Subsequently to the probate of the Souza will, Selina A. Cunningham filed her petition, together with her husband, propounding for probate a paper of later date, alleged to be the will of said Merchant, and to have 'been since discovered, and praying that it may be admitted to probate, and that the decree admitting the Souza will be can-celled and…

2Cases cited2 opinions

  1. Emerson v. . BowersNew York Court of Appeals · 1856
  2. Cotterell v. BrockNew York Surrogate's Court · 1850

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