Crispell v. Dubois
New York Supreme Court
Previous to the 12th day of January, 1846, the plaintiff, as devisee and executor of the last will and testament of Judith Dubois deceased, made' application to the surrogate of Ulster, to prove the will. The application having.been opposed by the .defendant, a brother of the testatrix, the surrogate refused to admit the will to probate.
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Previous to the 12th day of January, 1846, the plaintiff, as devisee and executor of the last will and testament of Judith Dubois deceased, made' application to the surrogate of Ulster, to prove the will. The application having.been opposed by the .defendant, a brother of the testatrix, the surrogate refused to admit the will to probate. From this decision the plaintiff appealed, pursuant to statute, to the late circuit judge of the second circuit, who on the 19th day of December, 1846, made an order reversing the decision of the surrogate, upon a question of fact, and directed a feigned…
1Opinion of the Court
By the Court, Harris, P. J.
The law applicable to this case was stated with singular clearness and precision by the circuit *397judge, in his charge to the jury. In a recent case, decided by the judicial committee of the privy council in England, upon an appeal from the decree of the prerogative court, Baron Parke, in delivering the judgment of the court, says: “The rules of law, according to which cases of this nature are to be decided, are two ; the first, that the onus probandi lies, in every case, upon the patty propounding a will, and he must satisfy the conscience of the court that the…
2Cited by32 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Daniel v. HillSupreme Court of Alabama · 1875
- Will of SlingerWisconsin Supreme Court · 1888
- Disch v. TimmWisconsin Supreme Court · 1898
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