In Re the Probate of the Last Will & Testament of McLarney
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered January 6, 1896, which affirmed a decree of the Surrogate’s Court of the city and county of Hew York admitting a will to probate. The facts, so far as material, are stated in the opinion. The right or power to dispose of one’s property by will is not a natural right, hut is given by statute and entirely derived from and granted by the state.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered January 6, 1896, which affirmed a decree of the Surrogate’s Court of the city and county of Hew York admitting a will to probate. The facts, so far as material, are stated in the opinion. The right or power to dispose of one’s property by will is not a natural right, hut is given by statute and entirely derived from and granted by the state. (L. 1849, ch. 375, § 1; 2 R. S. ch. 6, art. 1.) The statute of 1849, so far as it gave power to married women to devise their real and personal…
1Opinion of the CourtO’Brien, J.
The decree of the surrogate admitting the will of the deceased to probate is questioned upon one ground only, and that is, that the will was revoked prior to the death of the testatrix.
The will was made on the 23d day of July, 1884, and the deceased was then a married woman, the wife of one Brophy, who died on the 29tli of January, 1889. On the 5th of February, 1894, the testatrix, being then a widow, married the contestant James E. MoLarney, and she died on the 19th of April following the marriage. There was no issue of either marriage.
When the will in question was made, the deceased was a…
2Cases cited2 opinions
- Brown v. . ClarkNew York Court of Appeals · 1879
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- Laberee v. RootWashington Supreme Court · 1915
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