In re Roberts' Will & Codicil
New York Court of Chancery
Upon the application of John Calf, the brother and one of the next of kin of Catharine Roberts, the decedent, and one of the executors named in the codicil to her will, a commission and letters rogatory were issued to the island of Cuba, to take the proof of her will and codicil, alleged to have been executed at the Havana, in 1838. The decedent having no relatives in this country,-except her brother John Calf who propounded authenticated copies of the will and codicil for…
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Upon the application of John Calf, the brother and one of the next of kin of Catharine Roberts, the decedent, and one of the executors named in the codicil to her will, a commission and letters rogatory were issued to the island of Cuba, to take the proof of her will and codicil, alleged to have been executed at the Havana, in 1838. The decedent having no relatives in this country,-except her brother John Calf who propounded authenticated copies of the will and codicil for probate, the commission and letters rogatory were issued without notice, and were executed ex parte. Upon the return…
1Opinion of the Court
The Chancellor.
The petition presented to this court, in February last, by the surviving brothers and sisters of Catherine Roberts, shows that all the next of kin who would be entiled to share in her estate, in case of an intestacy, except the children of her deceased brother W. Calf, are willing and anxious that this will and codicil should be established. It further appears, by the affidavit of the proponent, that he and the other surviving brothers and sisters have executed an assignment for the benefit of those children ; putting them upon the same footing in reference to the estate, as if…
2Cited by13 opinions
- Dupuy v. . WurtzNew York Court of Appeals · 1873
- In Re the Estate of TrowbridgeNew York Court of Appeals · 1935
- Moultrie v. . HuntNew York Court of Appeals · 1861
- Castle v. KapenaHawaii Supreme Court · 1884
- Town of Manitou v. First National BankSupreme Court of Colorado · 1906
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