Marx v. . McGlynn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made November 23, 1881, which affirmed a decree of the surrogate of the county of New York admitting to probate the will of Mary Caroline Marx. The facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made November 23, 1881, which affirmed a decree of the surrogate of the county of New York admitting to probate the will of Mary Caroline Marx. The facts are stated in the opinion. The subscribing witnesses had not sufficient personal knowledge of the decedent to enable them to pass intelligently upon her competency to devise, at the time of the execution of the instrument. (2 K. S. 58, § 14; Swenarton v. Hancock, 9 Abb. N. C. 326; De Witt v. Barley, 9 N. Y. 380-1; Doe v.…
1Opinion of the CourtEarl, J.
In 1869 Catharine Henrietta Marx, Mary Caroline Marx and Emma Julia Marx, three unmarried sisters, were residing together in the city of Hew York as one household. Mary was about fifty years old, Catharine somewhat older, and Emma a few years younger. Their property consisted mostly of real estate, which they owned as tenants in common, and from which they received an annual income of about $15,000. They were brought up in the Protestant Episcopal Church, and were zealous and devoted members thereof. Then* usual place of worship was St. Alban’s Church, where the services were of a highly…
2Cases cited7 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Betts v. BettsNew York Supreme Court · 1878
- Leggett v. . PerkinsNew York Court of Appeals · 1849
- Meakings v. . CromwellNew York Court of Appeals · 1851
- In Re the Application for the Probate of the Last Will of RossNew York Court of Appeals · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by147 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- In re the Probate of the Will of WaltherNew York Court of Appeals · 1959
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- In Re the Will of PutnamNew York Court of Appeals · 1931
142 more not listed; retrieve them via the Exa API.