Bloomer v. Bloomer
New York Surrogate's Court
I. A nwnciupatwe will, at common law, was a full right to will all personal property without writing. The statute law of England, and of many of the United States, has abridged and restricted the right. (4 Kent Com. 517. 1 R. L., 1813, p. 367, sec. 14.) The Revised Statutes, except in case of soldiers and seamen (2 R. S.,p. 60, sec. 22), make such a will void.
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I. A nwnciupatwe will, at common law, was a full right to will all personal property without writing. The statute law of England, and of many of the United States, has abridged and restricted the right. (4 Kent Com. 517. 1 R. L., 1813, p. 367, sec. 14.) The Revised Statutes, except in case of soldiers and seamen (2 R. S.,p. 60, sec. 22), make such a will void. Mr. Minor testified that, at common law, such a will was good in Connecticut, if made in the last illness and in view of approaching death. Upon the law as proved, and upon Mr. Minor’s testimony, the gift of the $2,300 is a valid will.…
1Opinion of the Court
The Surrogate.
The will of the deceased was proved before me, and letters testamentary were granted to his *342widow, the executrix. It now appears that the testator was domiciled, at the time of his death, at Greenwich, in the State of Connecticut; and by the law of that State, when, after the death of the testator, he shall have a child born for whom no provision has been made in the will, the will is revoked. There is no doubt that, in regard to personalty, the law of the domicil of the deceased governs as to the question of testacy or intestacy, and the distribution of the estate. (Story’s…
2Cases cited2 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Mitchell v. BlainNew York Court of Chancery · 1836
3Cited by4 opinions
- In re the Accounting of Chase National BankNew York Surrogate's Court · 1949
- McCrum v. McCrumAppellate Division of the Supreme Court of the State of New York · 1910
- In ref the Accounting of Lawyers Trust Co.New York Surrogate's Court · 1949
- In re the Estate of SpauldingNew York Surrogate's Court · 1898