Burritt v. Silliman
New York Supreme Court
This was an. appeal from the decree of the surrogate of Rensselaer, refusing to admit to probate the will of Abigail Clapp. Mrs. Clapp died on the 19th of June, 1850, leaving an instrument purporting to be her last will and testament, bearing date the 30th day of March, in the same year.
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This was an. appeal from the decree of the surrogate of Rensselaer, refusing to admit to probate the will of Abigail Clapp. Mrs. Clapp died on the 19th of June, 1850, leaving an instrument purporting to be her last will and testament, bearing date the 30th day of March, in the same year. By this will, she devised to her sister, Mrs. Burritt, three lots, with the buildings thereon, situate on the east side of Fourth-street, in the city of Troy, and her furniture, beds and bedding, and her horse, carriage and harness. The residue of her property she devised and bequeathed to Robert D. Silliman,…
1Opinion of the Court
By the Court, Harris J.
The first question which presents itself for examination in this case is the decision of the surrogate in rejecting the, witnesses Monroe and Kendrick as incom*201potent. They were offered to sustain the will. By that instrument they were appointed trustees of all the estate, except three lots in Troy devised to Mrs. Burritt, and were also appointed executors. Monroe, when the objection was made, renounced his appointment as executor, and also his right and claim to act as trustee, under the will. Kendrick, when offered as a witness, proposed to file his renunciation as a…
2Cases cited2 opinions
- Judson v. GibbonsNew York Supreme Court · 1830
- Scribner v. CraneNew York Court of Chancery · 1830
3Cited by6 opinions
- Lake v. RanneyNew York Supreme Court · 1860
- McDonough v. LoughlinNew York Supreme Court · 1855
- Burke v. NolanNew York Surrogate's Court · 1882
- Hyatt v. LunninNew York Surrogate's Court · 1882
- Stewart v. HarrimanSupreme Court of New Hampshire · 1875
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