Stewart's v. Lispenard
New York Supreme Court
APPEAL from Chancery. In August, 1834, Alice Lispenard, of the city of New-York, made her last will and testament, whereby she gave and devised all her estate real and personal, to Alexander L. Stewart, and appointed him sole executor. She died in 1836, and in March following, the executor applied to James Campbell, Esq., then surrogate of the county of New-York, for probate of the will.
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APPEAL from Chancery. In August, 1834, Alice Lispenard, of the city of New-York, made her last will and testament, whereby she gave and devised all her estate real and personal, to Alexander L. Stewart, and appointed him sole executor. She died in 1836, and in March following, the executor applied to James Campbell, Esq., then surrogate of the county of New-York, for probate of the will. The next of kin and the heirs at law of the testatrix, were duly cited; and proofs were taken in support of, and in opposition to the application. Alice Lispenard was a daughter of Anthony Lispenard who died…
1Opinion of the Court
The President of the Senate asking whether any member of the court was prepared to read a written or deliver an oral opinion,
Mr. Justice Bronson, (the only justice of the supreme court present at the argument of the cause,) said that he had no written opinion to present, not having had leisure since the argument was closed to digest the facts of the case, or even to read the numerous authorities which had been cited, amounting to nearly or quite one hundred cases, and that, therefore, he should decline to deliver an opinion. He had come into court solely for the purpose of enabling the court…
2Cases cited1 opinion
- Odell v. BuckNew York Supreme Court · 1839
3Cited by64 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- State v. PikeSupreme Court of New Hampshire · 1870
- Slaughter v. HeathSupreme Court of Georgia · 1907
- Potts v. HouseSupreme Court of Georgia · 1849
- Rugan v. SabinCourt of Appeals for the Eighth Circuit · 1892
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