In re Bonnett's Will
New York Surrogate's Court
Petition for the revocation of the probate of the will of Zalmon Bonnett, deceased. Zalmon Bonnett died leaving a will, which was duly admitted to probate on June 20, 1887, and William H. Allen qualified as his executor.
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Petition for the revocation of the probate of the will of Zalmon Bonnett, deceased. Zalmon Bonnett died leaving a will, which was duly admitted to probate on June 20, 1887, and William H. Allen qualified as his executor. The probate was contested by Dykman Odell, the next of kin, on the ground that the will was invalid, and, at the same time, a construction thereof was sought, to determine whether certain legacies, which were claimed to be void, would go to said Odell, as next of kin, or would fall into the residuum, and pass under the residuary clause. The surrogate decided that they would…
1Opinion of the Court
Coffin, S.
The learned counsel opposing this application first took the ground that, as the petitioner had opposed the original probate on substantially the sam'e grounds as those alleged in his petition in this matter, the prayer should be denied, and the proceeding dismissed, citing as an authority *460the ease of In re Gouraud, 28 Hun, 560; but, finding that the court of appeals, in 95 N. Y. 256, had reversed that decision upon that point, the ground was abandoned. It is insisted, however, that the present proceeding should be dismissed because of the pending appeal from the decree admitting…
2Cases cited7 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Smith v. . the PeopleNew York Court of Appeals · 1872
- People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
- In Re the Probate of the Will of GouraudNew York Court of Appeals · 1884
- Jackson ex dem. Boyd v. LewisCourt for the Trial of Impeachments and Correction of Errors · 1820
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re Bradley's WillNew York Supreme Court · 1893