Potter v. McAlpine
New York Surrogate's Court
Petition for the probate of the will, and codicils thereto, of decedent, presented by Byron D. McAlpine, one of the executors therein named; opposed by Charles B. Potter and others, decedent’s children. The facts appear in the opinion.
1Opinion of the Court
The Surrogate.
The instruments, propounded for probate and purporting to express the testamentary intentions of the decedent, are the alleged will, dated June 19th, 1880, and three codicils thereto, bearing the respective dates of July 8th, 1881, September 13th, 1882, and August 17th, 1883. The probate is contested by Alfred B. Potter and Charles B. Potter, the sons of the decedent, and by his unmarried daughter, Miss Henrietta Potter, on the grounds of failure to comply with the formal requirements of the statute, in the execution of the several instruments, and also lack of testamentary…
2Cases cited28 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Delafield v. . ParishNew York Court of Appeals · 1862
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- Hollis v. . Drew Theological SeminaryNew York Court of Appeals · 1884
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3Cited by3 opinions
- In re Gedney's WildNew York Surrogate's Court · 1913
- Whiton v. SnyderNew York Supreme Court · 1889
- In re Mabie's WillNew York Surrogate's Court · 1893