Legal Opinion

Wadswoth v. Hinchcliff

New York Surrogate's Court

Decided July 11, 1916Published

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 18, 1914, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material; are stated in the opinion.

1Opinion of the Court

Seabury, J.—..This action was brought to partition real estate and to set aside the last will and testament of Frank Gr. Wadsworth, deceased. The testator died April 10th, 1913-, seized of real estate. In 1912 he made his last will under the provisions of which, after providing for certain legacies, he gave all the residue of his property, real and personal, to E. Elizabeth Hincliff, and appointed Louis E. Mather and Willard Gr. Comstock executors. Proceedings were instituted for the probate of said, will before the surrogate of Oneida county. The plantiffs in this action filed answers in the…

2Cases cited3 opinions

  1. Hoyt v. . HoytNew York Court of Appeals · 1889
  2. Bowen v. SweeneyNew York Supreme Court · 1895
  3. In re Proving the Last Will & Testament of FischerAppellate Division of the Supreme Court of the State of New York · 1912

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