In Re of Proving the Last Will & Testament of Campbell
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 13, 1901, which affirmed a decree of the Albany County Surrogate’s Court admitting to probate a certain instrument as the last will and testament of Ellen Campbell, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 13, 1901, which affirmed a decree of the Albany County Surrogate’s Court admitting to probate a certain instrument as the last will and testament of Ellen Campbell, deceased. The facts, so far as material, are stated in the opinion. In order to revive the revoked will of 1897 by the codicil it was necessary for the testatrix to give positive expression of her intention so to do, and that in the terms of the instrument itself. (Matter of Stickney, 161 N. Y. 44; Matter of…
1Opinion of the CourtGray, J.
This was a proceeding for the probate of a will and of a codicil of Ellen Campbell, deceased, and it therein appeared that she had executed, at different times, and there were existent, two wills and a codicil. On July 6, 1897, one will was executed: on July 19, 1899, another will was exe_ cuted and on December 7, 1900, an instrument was executed by the testatrix, which declared itself to be a “ codicil to the last will and testament of Miss Ellen Campbell, which will bears date July 6, 1897.” The Avill of 1899 modified, or changed, the provisions of the will of July, 1897, in respects…
2Cases cited2 opinions
- Brown v. . ClarkNew York Court of Appeals · 1879
- In Re the Probate of the Alleged Last Will & Testament of StickneyNew York Court of Appeals · 1899
3Cited by40 opinions
- In Re the Accounting of BrannNew York Court of Appeals · 1916
- In Re the Estate of GreenbergNew York Court of Appeals · 1933
- In re Proving the Last Will & Testament & Codicil Thereto of EmmonsAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Estate of GreenbergNew York Surrogate's Court · 1931
- Collins v. CollinsOhio Supreme Court · 1924
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