In re the Probate of the Last Will & Testament & the Codicil Thereto of McDonough
Appellate Division of the Supreme Court of the State of New York
Appeal by Alice C. Jackson from so much of a decree of the Surrogate’s Court of the county of Albany, entered in the office of said Surrogate’s Court on the 31st day of January, 1921, as denies probate to the codicil to the last will and testament of Mary A. McDonough, deceased.
1Opinion of the Court
Hinman, J.:
The surrogate denied probate of the alleged codicil upon the ground that one of the alleged witnesses did not sign as an attesting witness but as a notary public certifying to the oath of the executrix and of one attesting witness. The respondent further contends that the codicil is not genuine. This is the codicil:
o “ St. Peters Hospital
July 1-1920
“ I, undersigned being sick I-I wish to make this change in my last will. On account of the kindness of my Sister Mrs. Alice *204Jackson. I give her forever my Piano my Diamond ring also my Victrola to be paid for out of my estate I also…
2Cases cited6 opinions
- Henry & Emott v. BishopNew York Supreme Court · 1829
- In Re the Probate of a Paper Alleged to Be the Last Will and Testament of BoothNew York Court of Appeals · 1891
- Morris v. KniffinNew York Supreme Court · 1861
- People ex rel. Long Island Railroad v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1902
- Ex parte LeroyNew York Surrogate's Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In re the Probate of the Will of DouglasNew York Surrogate's Court · 1948
- In re the Probate of the Will of RyanNew York Surrogate's Court · 1958
- Love v. GibbsCourt of Appeals of Kentucky (pre-1976) · 1938
- In re the Estate of CrillNew York Surrogate's Court · 1924
- In re Proving the Last Will & Testament of KimmerleNew York Surrogate's Court · 1927
8 more not listed; retrieve them via the Exa API.