Legal Opinion

In re Proving the Last Will & Testament of Cutter

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

Decided December 29, 1916PublishedCited by 3 opinions

Appeal by W. MoMaster Mills and another, proponents, from a decree of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 28th day of June, 1915, denying their petition to admit to probate a paper dated the 21st day of March, 1914, and alleged to be the last will and testament of Amelia G-ertrude Cutter, deceased.

1Opinion of the Court

Page, J.:

Henry T. Cutter, the decedent’s husband, died January 20, 1914, at the age of eighty-four years, and Amelia Gertrude Cutter died on April 3, 1914, at the age of seventy-three years.

They were a devoted couple and had lived in the closest and most harmonious relations during all their lives. He had been a stockholder and associated in the management of the corporation of Hegeman & Co., and had accumulated a fortune, to the extent that their combined estates amount to about $1,500,000.

In the early part of their married lives they lived in a manner in keeping with their means, though not…

2Cases cited2 opinions

  1. In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
  2. In re the Probate of the Last Will & Testament of DrakeAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by3 opinions

  1. In re the Contested Probate of the Last Will & Testament of TymesonNew York Surrogate's Court · 1921
  2. In re the Estate of WhitmarshNew York Surrogate's Court · 1929
  3. In re the Estate of LyonsNew York Surrogate's Court · 1962

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