Baxter v. Baxter
New York Supreme Court
Appeal from special term, Schoharie county. Action by James B. Baxter and others against Mathias Baxter and others to set aside a deed. From a judgment in favor of plaintiffs, defendant Mathias Baxter appeals. Reversed.
1Opinion of the CourtMayham, P. J.
On the 10th day of September, 1883, John Baxter, father of Benjamin Baxter and Mathias Baxter, parties to this action, executed a paper purporting to be his last will and testament, wherein he named the defendants, Mathias Baxter and Benjamin Baxter, as executors. After the death of the testator, Mathias and Benjamin Bakter filed their petition with the surrogate of the proper county for the probate of the will of John Baxter, deceased; and objections to the probate of the same were filed on the ground, among other things, that the testator, at the time of making his will, was not competent…
Also in this document: Concurrence.
2Cases cited1 opinion
- In Re the Probate of the Will of MerriamNew York Court of Appeals · 1892
3Cited by6 opinions
- In re the Probate of the Will of HaddockNew York Surrogate's Court · 1960
- Baxter v. BaxterAppellate Division of the Supreme Court of the State of New York · 1897
- Gabriel v. GabrielNew York Supreme Court · 1913
- Gabriel v. GabrielNew York Supreme Court · 1912
- In re the Estate of TurnerNew York Surrogate's Court · 1976
1 more not listed; retrieve them via the Exa API.