Legal Opinion

In re Tilden

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1900PublishedCited by 2 opinions

Appeal by the Havens Relief Fund Society, one of the legatees named in the last will and testament of William Tilden deceased, from an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 9th day of October, 1900, denying its application to open and vacate a decree of said court, entered on the 7th day of December; 1899, in so far as the same failed to admit to probate a codicil to said last will and testament, as a will of…

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Appeal by the Havens Relief Fund Society, one of the legatees named in the last will and testament of William Tilden deceased, from an order of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 9th day of October, 1900, denying its application to open and vacate a decree of said court, entered on the 7th day of December; 1899, in so far as the same failed to admit to probate a codicil to said last will and testament, as a will of personal property.

1Opinion of the Court

Rumsey, J.:

On the 7th of December, 1899, there was • made in the Surrogate’s Court of the county of New York a decree admitting to pro- ' bate the will of William Tilden, and refusing probate of a paper which had been propounded as a codicil to that will. This proceeding was regular. All of the parties required by section 2615 of the Code of Civil Procedure were. cited to appear, and the evidence was sufficient tó warrant the decree which was made. . The codicil of which probate was refused was executed in the Territory of Arizona, but not with the formalities required by the law of this…

2Cases cited1 opinion

  1. In Re the Accountings of HawleyNew York Court of Appeals · 1885

3Cited by2 opinions

  1. In re the Judicial Settlement of the Account of WohlgemuthAppellate Division of the Supreme Court of the State of New York · 1906
  2. In re GaffneyAppellate Division of the Supreme Court of the State of New York · 1906

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