In Re the Probate of the Will of Keleman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 6, 1890, which affirmed a decree of the Surrogate’s Court of the county of New York, construing the will and a codicil thereto of Jane E. lieleman, deceased. The testatrix, by her will, executed February 18, 1889, gave legacies to four charitable institutions, and to one of them gave her residuary estate.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 6, 1890, which affirmed a decree of the Surrogate’s Court of the county of New York, construing the will and a codicil thereto of Jane E. lieleman, deceased. The testatrix, by her will, executed February 18, 1889, gave legacies to four charitable institutions, and to one of them gave her residuary estate. On February 22, 1889, she made a codicil thereto as follows: “ Doubts having arisen as to the validity of the bequests made for charitable purposes in my. said…
1Opinion of the CourtFinch, J.
There was no issue before the surrogate to ivarrant the admission of the extrinsic parol evidence relating to the circumstances under which the first codicil was executed, and no jurisdiction in that officer to try the question sought tO' be raised by such evidence. The answer filed to the petition for probate made no question over that probate, and by its silence conceded the due execution of the will by a capable testatrix, acting freely and without restraint. The issue tendered was that allowed by section 2624 of the Code of Civil Procedure, which permits on the probate of a will the deter…
2Cases cited2 opinions
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Phillips v. . PhillipsNew York Court of Appeals · 1889
3Cited by42 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Fairchild v. . Edson Edson v. . BartowNew York Court of Appeals · 1897
- In re the Judicial Settlement of the Account of KelleyAppellate Division of the Supreme Court of the State of New York · 1928
- Reynolds v. . ReynoldsNew York Court of Appeals · 1918
- Cooke v. KingOregon Supreme Court · 1936
37 more not listed; retrieve them via the Exa API.