Legal Opinion

In re Cameron's Estate

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

Decided January 8, 1900PublishedCited by 8 opinions

Appeal from surrogate’s court, Warren county. Application by Theodore Farlin for letters of administration on the estate of Cynthia M. Cameron, deceased. From a surrogate’s decree granting the petition, hierva Farlin and another, claimants under an alleged will, appeal.

1Opinion of the CourtLandon, J.

In order to institute the proceeding, it was necessary for the petitioner to prove presumptively, “by affidavit or otherwise to the satisfaction of the surrogate,” among other things, that “the decedent left no will.” Code Civ. Proc. § 2662. Of course, that means no valid will. “The word ‘intestate’ signifies a person who died without leaving a valid will.” Id. § 2514. The verified petition stated the death of Mrs. Cameron "without leaving any valid last will and testament, to my knowledge, information, or be*189lief.” The petitioner was the nephew of the decedent, and one of her nearest of kin,…

2Cases cited2 opinions

  1. Younger v. . DuffieNew York Court of Appeals · 1884
  2. Russell v. . HarttNew York Court of Appeals · 1881

3Cited by8 opinions

  1. Bradford v. LeakeTennessee Supreme Court · 1910
  2. State Ex Rel. Corporation Commission v. DunnSupreme Court of North Carolina · 1917
  3. Davis v. UpsonIllinois Supreme Court · 1907
  4. In re LawAppellate Division of the Supreme Court of the State of New York · 1903
  5. Estate of SpreckelsCalifornia Superior Court · 1910

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