McLarney v. Phelan
New York Supreme Court
Appeal from surrogate’s court, New York county. Proceeding for the probate of the will of Mary E. McLarney, deceased. The will was admitted to probate, and contestant appeals. Affirmed. July 23, 1884, the testatrix, then being the wife of Edward P. Brophy, executed her will, by which she disposed of her entire estate. January 29, 1889, her husband died.
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Appeal from surrogate’s court, New York county. Proceeding for the probate of the will of Mary E. McLarney, deceased. The will was admitted to probate, and contestant appeals. Affirmed. July 23, 1884, the testatrix, then being the wife of Edward P. Brophy, executed her will, by which she disposed of her entire estate. January 29, 1889, her husband died. May 13, 1890, she wrote the following on the back of her will: “I, Mary E. Brophy, of the city of New York, being of sound mind, do make, publish, and declare this to be my last will and testament in manner and form following; that is to say:…
1Opinion of the CourtFollett, J.
We are asked to reverse the decree of the surrogate on two grounds: (1) That there is no evidence that the testatrix requested the subscribing witness Philip Furlong to sign as a witness; (2) that the will was revoked by the testatrix’s subsequent marriage to the contestant. The witness Furlong testified that he was asked to become a witness to the will by Mary Ann Murphy, who was an attendant of the testatrix, then ill. He testified that he saw the testatrix sign the will; that he signed immediately after, in her presence, pursuant to the request of Miss Murphy, made in the room, and in the…
2Cases cited1 opinion
- In re Burton's WillNew York Surrogate's Court · 1893
3Cited by3 opinions
- Colcord v. ConroySupreme Court of Florida · 1898
- In re the Will of CoburnNew York Surrogate's Court · 1894
- In re the Judicial Settlement of the Account of Proceedings of TimmerhansNew York Surrogate's Court · 1927