Roche v. . Nason
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 18, 1905, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Where two papers are executed as duplicate wills neither can he admitted to probate without conclusive affirmative proof that it is in every respect a duplicate of the other.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 18, 1905, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Where two papers are executed as duplicate wills neither can he admitted to probate without conclusive affirmative proof that it is in every respect a duplicate of the other. (Crossman v. Crossman, 95 N. Y. 149 ; Delafield v. Parish, 25 N. Y. 29; Matter of Burtis, 43 Misc. Rep. 445; Matter of…
1Opinion of the CourtWillard Bartlett, J.
This is an action by an executor under section 2653a of the Code of Civil Procedure to establish the validity of the probate of a will. The testator was Henry T. Basoii, of Troy, who died on the 30th day of March, 1903, under circumstances which indicated that he must have taken his own life. At the time of his death the testator was county judge of Bensselaer county, having just entered upon' his second term of service in that office, to which he was re-elected at the general election in Bovember, 1902.
The instruments propounded for probate and proved in the Surrogate’s Court were a will…
2Cases cited5 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Dobie v. . ArmstrongNew York Court of Appeals · 1899
- Crossman v. . CrossmanNew York Court of Appeals · 1884
- Shipman v. . Protected Home CircleNew York Court of Appeals · 1903
- Weed v. . Mutual Benefit Life Ins. Co.New York Court of Appeals · 1877
3Cited by28 opinions
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
- In Re the Will of WallSupreme Court of North Carolina · 1943
- In re the Estate of PinnockNew York Surrogate's Court · 1975
- In re Campbell's WillNew York Surrogate's Court · 1912
- In re the Probate of a Paper Propounded, as the Last Will & Testament of SchofieldNew York Surrogate's Court · 1911
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