In re a Revocation of the Letters of Administration Granted On the Estate of Nokes
New York Surrogate's Court
Proceeding for the probate of a will.
1Opinion of the Court
Ketcham, S.
The finding will be that the will was destroyed by the testatrix with the intent and for the purpose of revoking the same.
The question remains whether an instrument, duly executed and published as a codicil to this will, may be given probate. It calls itself a “ codicil.” It “ confirms a prior and immediately preceding will,” except as in itself directed. It adds a single legacy to those which the will contained. It directs that the legacy thus added “ shall be first paid, before any others, after the payment of just debts, as heretofore (i. e., by the will) directed.” It appoints…
2Cases cited4 opinions
- In Re of Proving the Last Will & Testament of CampbellNew York Court of Appeals · 1902
- In re Proving the Last Will & Testament & Codicil Thereto of EmmonsAppellate Division of the Supreme Court of the State of New York · 1906
- Gelbke v. GelbkeSupreme Court of Alabama · 1889
- Crafts v. HunnewellMassachusetts Supreme Judicial Court · 1880
3Cited by4 opinions
- In re Proving the Last Will & Testament of FrancisNew York Surrogate's Court · 1911
- In re the Estate of SmithNew York Surrogate's Court · 1937
- O'Neill's EstatePennsylvania Orphans' Court, Bucks County · 1946
- Russell v. LippsNorfolk County Circuit Court · 2004