In Re the Probate of the Will of Merriam
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made Januray 4, 1891, which affirmed a judgment entered upon a decree of the Surrogate’s Court of Suffolk county, admitting to probate a certain instrument as the last will and testament of William W. Merriam, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made Januray 4, 1891, which affirmed a judgment entered upon a decree of the Surrogate’s Court of Suffolk county, admitting to probate a certain instrument as the last will and testament of William W. Merriam, deceased. The facts, so far as material, are stated in the opinion. The decree of the Surrogate’s Court, so far as it holds that the will is a valid instrument to pass title to real estate, is clearly erroneous. (In re Fox, 52 N. Y. 530.) This court will not consider or…
1Opinion of the CourtMaynard, J.
The will, which is the subject of this controversy, contains but a single paragraph in these words: “ After all my lawful debts are paid and discharged, I give and bequeath all my property and estate real and personal, to the government of the United States of America.”
The testator was seized of real property of the value of two thousand dollars and possessed of personal property of the estimated value of one hundred thousand dollars.
The validity of the will was contested before the surrogate and in the Supreme Court, on the ground of an alleged want . of testamentary capacity; hut the…
2Cited by21 opinions
- Armstrong v. LettySupreme Court of Oklahoma · 1922
- In re the Probate of the Last Will & Testament of DavisAppellate Division of the Supreme Court of the State of New York · 1905
- McClary v. StullNebraska Supreme Court · 1895
- In re LawAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Probate of a Paper Propounded as the Last Will & Testament of ConnellNew York Surrogate's Court · 1912
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