In re the Probate of the Last Will & Testament of Danklefsen
Appellate Division of the Supreme Court of the State of New York
Appeal by Matte Wium, petitioner, from an order of the Surrogate’s Court of the county of Richmond, entered in the office of said Surrogate’s Court on the 28th day of September, 1915, denying her petition, as one of the next of kin of the deceased, for a citation ordering the production of the original or a certified copy of the later will of May 18, 1907, and of' a revocation of March 26, 1908, both of which were executed in Danish in Copenhagen, Kingdom of Denmark, and…
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Appeal by Matte Wium, petitioner, from an order of the Surrogate’s Court of the county of Richmond, entered in the office of said Surrogate’s Court on the 28th day of September, 1915, denying her petition, as one of the next of kin of the deceased, for a citation ordering the production of the original or a certified copy of the later will of May 18, 1907, and of' a revocation of March 26, 1908, both of which were executed in Danish in Copenhagen, Kingdom of Denmark, and that the probate of the will of August 1, 1904, be revoked.
1Opinion of the Court
Putnam, J.:
As the testator left, as nearest of kin, a first cousin, the act of 1860 (Chap. 360), now section 17 of Decedent Estate Law (Consol. Laws, chap. 13; Laws of 1909, chap. 18), did not apply, and the bulk of his estate could go to a religious corporation. Under the will made in Yew York August 1, 1904, the Rector, Church Wardens and "Vestrymen of St. George’s Church in the city of Yew York could validly receive the fund given them by the testator for the maintenance of the seaside work of St. George’s Church by the Sea at Rockaway Beach, L. I. Appellant, however, relies on the effect…
2Cases cited2 opinions
- Osburn v. Rochester Trust & Safe Deposit Co.New York Court of Appeals · 1913
- Osburn v. Rochester Trust & Safe Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1912
3Cited by4 opinions
- In re the Probate of the Last Will & Testament of CableNew York Surrogate's Court · 1924
- In re the Estate of McQuirkNew York Surrogate's Court · 1927
- In re the Estate of SouthmaydNew York Surrogate's Court · 1925
- In re the Estate of LakeNew York Surrogate's Court · 1990