Hoyt v. Jackson
New York Surrogate's Court
Application by decedent’s daughter, Mary J. Hoyt, for the revocation of probate of decedent’s will; opposed by James W. Jackson and others, executors. A previous phase of the controversy was reported in 2 Dem., 443. During the progress of the case upon the part of the contestant, a subpoena duces tecum, was issued at the request of the contestant, and was served upon Mr. Conkling, former counsel for the contestant, to produce certain papers therein described.
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Application by decedent’s daughter, Mary J. Hoyt, for the revocation of probate of decedent’s will; opposed by James W. Jackson and others, executors. A previous phase of the controversy was reported in 2 Dem., 443. During the progress of the case upon the part of the contestant, a subpoena duces tecum, was issued at the request of the contestant, and was served upon Mr. Conkling, former counsel for the contestant, to produce certain papers therein described. In obedience to the subpoena, Mr. Conkling attended in court; and requested that he be sworn as a witness, and, on being sworn, he…
1Opinion of the Court
The Surrogate.
Assuming that the papers lately produced by Mr. Conkling, at the instance of contestant’s attorney, but not offered in evidence by him, are material and relevant to the issues of this proceeding, have the proponents, under the circumstances here appearing, the present right to introduce them *390in evidence in face of the contestant’s protest ? I have never had occasion to deal with so important a question of practice, upon which so little light has been thrown by decided cases. I have been unable, indeed, even with the assistance afforded me by counsel, and after thorough…
2Cases cited13 opinions
- Southard v. RexfordNew York Supreme Court · 1826
- Mitchell's CaseNew York Court of Common Pleas · 1861
- Kellogg v. KelloggNew York Supreme Court · 1849
- Jackson ex dem. Dale v. DenisonNew York Supreme Court · 1830
- Bonesteel v. LyndeNew York Supreme Court · 1853
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