Legal Opinion

In re Law's Will

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1900PublishedCited by 1 opinion

Appeal from surrogate’s court, New York county. Application by William Washburn Law for the probate of the will and codicil thereto of John S. Law, deceased. From a decree dismissing the application, the proponent and others appeal. Reversed.

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Appeal from surrogate’s court, New York county. Application by William Washburn Law for the probate of the will and codicil thereto of John S. Law, deceased. From a decree dismissing the application, the proponent and others appeal. Reversed. John S. Law died on the 25th day of August, 1893, at Greenwich, in the state of Connecticut, leaving a last will, bearing date December 23, 1885, and a codicil thereto, dated March 13, 1890. He left, him surviving, Elizabeth Law, his wife, John G. Law, a son, Alice Law, a daughter, residing with him in Connecticut, and William Washburn Law, the…

1Opinion of the CourtHatch, J.

It cannot be legally questioned but that the facts averred in the petition, if undisputed, would entitle the petitioner to a probate of the will by the surrogate of the county of New York. The petitioner makes compliance with all the statutory requirements, and avers facts which, if true, establish jurisdiction in the court of this proceeding. We are called upon, therefore, to consider what effect, if any, is to be given to the determination and judgment admitting this will to probate by the probate court of Connecticut. It seems to have been concluded by the learned surrogate that such…

2Cases cited14 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Galpin v. PageSupreme Court of the United States · 1874
  3. Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
  4. Kerr v. . KerrNew York Court of Appeals · 1869
  5. Thormann v. FrameSupreme Court of the United States · 1900

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3Cited by1 opinion

  1. Werner v. WheelerAppellate Division of the Supreme Court of the State of New York · 1911

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