In re Baby's Will
New York Surrogate's Court
Linda F. Butler offered for probate, as the will of Francis It. Baby, deceased, a paper bearing date May 23, 1870. Albert F. Baubie, decedent’s brother, contested the will, alleging that a subsequent will, already probated, wholly revoked the former one.
1Opinion of the Court
Ransom, S.
The facts upon which this application is made are set forth in the petition and answer, and have been agreed to formally by the parties, as follows: On May 23, 1870, Francis R. Baby made and executed a will, in which he devised his dwelling-house, Ho. 203 West Fourteenth street, in the city of Hew York, to his wife, Hilda S. Baby, and also made the following provision concerning the same: “If, at my decease, there shall be any unpaid taxes, assessments, mortgages, or other incumbrances upon or against said property, it is my will, and I direct, that the same be paid and discharged…
2Cases cited4 opinions
- McNaughton v. . McNaughtonNew York Court of Appeals · 1866
- Adams v. WinneNew York Court of Chancery · 1838
- Vandemark v. VandemarkNew York Supreme Court · 1857
- In re the estate of DowdNew York Surrogate's Court · 1879