Legal Opinion

Hartwell v. McMaster

New York Surrogate's Court

Decided December 15, 1880PublishedCited by 9 opinions

Application for the probate of a will. On September 25, 1880, the deceased executed the instrument propounded as his last will and testament, and died on October 1, following, at the age of about' seventy-two years. He had no children or descendants, and his lieirs-at-law were first and second cousins, and his next-of-kin first cousins.

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Application for the probate of a will. On September 25, 1880, the deceased executed the instrument propounded as his last will and testament, and died on October 1, following, at the age of about' seventy-two years. He had no children or descendants, and his lieirs-at-law were first and second cousins, and his next-of-kin first cousins. His real and personal property of which he died seized and possessed amounted to about $15,000. He had been engaged in the stationery business in the city of New York, had taught school occasionally, preached, and had some knowledge of electricity and its…

1Opinion of the Court

The Surrogate.—This case having been closed, in so far as the testimony and oral arguments are concerned, permission was asked to submit briefs, which was accorded. These briefs have now been submitted, and there have been handed in, on the part of the contestants, twenty-nine requests to find on questions of fact and of law. It may be well here to determine what, under the Code of Civil Procedure, is the proper practice as to the mode and time of the submission of such re*391quests. Section 2545 provides that “an exception maybe taken to a ruling by a Surrogate, upon the trial by him of an issue…

2Cases cited1 opinion

  1. Jackson v. . JacksonNew York Court of Appeals · 1868

3Cited by9 opinions

  1. In re the Estate of RomaniwNew York Surrogate's Court · 1937
  2. In re the Estate of WinslowNew York Surrogate's Court · 1895
  3. In re Proving the Last Will & Testament of SchoberNew York Surrogate's Court · 1915
  4. In re the Probate of the Will of SeveranceNew York Surrogate's Court · 1916
  5. In re Proving the Last Will & Testament of McDermottNew York Surrogate's Court · 1915

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