Bailey v. Hilton
New York Supreme Court
Appeal from an brcler of the surrogate of the county of New York, dismissing the petition of the appellant to vacate the decree admitting to probate the last will and testament of Alexander T. Stewart, deceased.
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Appeal from an brcler of the surrogate of the county of New York, dismissing the petition of the appellant to vacate the decree admitting to probate the last will and testament of Alexander T. Stewart, deceased. Alexander Turney Stewart, a citizen of the United States and a resident of the city and county of New York, died in that city on the 10th day of April, 1876. On the 13th day of April, 1876, Mrs. Cornelia M. Stewart, his widow, presented to the surrogate of the city and county of New York, certain papers purporting to be the last will and testament-of Mr. Stewart and two codicils…
1Opinion of the Court
Ingalls, J.:
This appeal is material only as it affects the real estate of which Alexander T. Stewart died seized, as in no probable event can the appellant participate in the personal estate. The testator died on the ,10th day of April, 1876, leaving said will. On the 18th day of the same month, his widow, Mrs. Cornelia M. Stewart, presented a petition, duly verified, to the surrogate of said county, praying that such last will and testament might be admitted to probate. Such petition alleged “thatthe said deceased left him' surviving neither father, mother, brother or sister, or descendant…
2Cases cited5 opinions
- Sipperly v. . BaucusNew York Court of Appeals · 1861
- Campbell v. LoganNew York Surrogate's Court · 1852
- In Re Proving the Last Will & Testament of KellumNew York Court of Appeals · 1872
- Moore v. MooreNew York Supreme Court · 1852
- Mount v. . MitchellNew York Court of Appeals · 1865