Legal Opinion

In re the Probate of the Last Will & Testament of Davis

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1905PublishedCited by 30 opinions

Appeal by Robert D. Chittenden, as administrator, etc., of Jane Davis, deceased, and another, from a decree of the Surrogate’s Court of Saratoga county, entered in said Surrogate’s Court on the 9th day of December, 1904, admitting to probate a certain paper propounded as the last will and testament of Jane Davis, deceased, bearing date the 19th day of March, 1885.

1Opinion of the Court

Houghton, J.:

Jane Davis died leaving a last will and testament in which her sister Delia C. Davis was named as sole devisee and legatee and executrix. Aside from the provisions for such sister and the nominating of her as sole executrix, the will contained no other provision except a revocation of all former wills. One of the next of kin of the deceased testatrix duly filed a petition for its prohate.

Shortly before her death Jane Davis became possessed, through the decease of a brother in California, of a large amount of real and personal property situated within that State. The appellant…

2Cases cited8 opinions

  1. Delafield v. . ParishNew York Court of Appeals · 1862
  2. Riggs v. . CraggNew York Court of Appeals · 1882
  3. In the Matter of Will of FoxNew York Court of Appeals · 1873
  4. Washbon v. . CopeNew York Court of Appeals · 1895
  5. Lovell v. . QuitmanNew York Court of Appeals · 1882

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3Cited by30 opinions

  1. In re Proving the Last Will & Testament & Codicil Thereto of EmmonsAppellate Division of the Supreme Court of the State of New York · 1906
  2. In re the Estate of WebbNew York Surrogate's Court · 1923
  3. In re Proving the Last Will & Testament of MeyerNew York Surrogate's Court · 1911
  4. In re the Probate of the Last Will & Testament of EvansAppellate Division of the Supreme Court of the State of New York · 1906
  5. Kirk v. McCannAppellate Division of the Supreme Court of the State of New York · 1907

25 more not listed; retrieve them via the Exa API.

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