Legal Opinion

In re Davis' Will

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

Decided May 3, 1905PublishedCited by 2 opinions

Appeal from Surrogate’s Court, Saratoga County. Proceedings on the probating of a paper propounded as the last will and testament of Jane Davis, deceased. From a decree (92 N. Y. Supp. 968) admitting the paper to probate, Robert D. Chittenden, as administrator of the goods, chattels, and credits of deceased, appointed in Fresno' county, in the state of California, and Thomas M. Dungan, as administrator, etc., of deceased, appointed in Tulare county, Cal., appeal.- Affirmed.

1Opinion of the CourtHoughton, J.

Jane Davis died leaving a last will and testament in which her sister, Delia C. Davis, was named as sole devisee and legatee and executrix. Aside from the provisions for such sister and the nominating of her as sole executrix, the will contained no other provision except a revocation of all former wills. One of the next of kin of the deceased testatrix duly-filed a petition for its probate. Shortly before her death Jane Davis became possessed, through the decease of a brother in California, of a large amount of real and personal property situated within that state. The appellant Chittenden…

2Cases cited11 opinions

  1. Delafield v. . ParishNew York Court of Appeals · 1862
  2. Riggs v. . CraggNew York Court of Appeals · 1882
  3. In the Matter of Will of FoxNew York Court of Appeals · 1873
  4. Washbon v. . CopeNew York Court of Appeals · 1895
  5. Lovell v. . QuitmanNew York Court of Appeals · 1882

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3Cited by2 opinions

  1. In re the Probate of the Last Will & Testament of JohnsonNew York Surrogate's Court · 1908
  2. In re Hilliard's EstateNew York Surrogate's Court · 1916

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