Hawke v. Hawke
New York Supreme Court
Appeal from circuit court, Saratoga county. Actions by Edward H. Hawke against Madison G-. Hawke and others, and by Elizabeth H. Wilson against Madison G. Hawke and others. Plaintiff in the first-entitled action was a son of Edward H. Hawke, deceased, and sued to have the validity of the probate of his father’s will determined, and the probate thereof revoked, pursuant to section 2653a of the Code of Civil Procedure.
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Appeal from circuit court, Saratoga county. Actions by Edward H. Hawke against Madison G-. Hawke and others, and by Elizabeth H. Wilson against Madison G. Hawke and others. Plaintiff in the first-entitled action was a son of Edward H. Hawke, deceased, and sued to have the validity of the probate of his father’s will determined, and the probate thereof revoked, pursuant to section 2653a of the Code of Civil Procedure. Plaintiff in the second-entitled action was a daughter of said decedent and sued to have the validity of said will determined, and the will declared valid. The actions were tried…
1Opinion of the CourtHerrick, J.
At the close of the evidence upon the trial of this action, the counsel for the proponents requested the court to instruct the jury to find a verdict “that the will and codicil of Edward H. Hawke in evidence are his last will and codicil, upon the ground that the record given in evidence establishes the validity of the probate of said will and codicil, and there is not any evidence sufficient to submit to the jury any question as to the due attestation and execution or validity of such will or codicil.” The court granted the motion. The most serious question involved in this appeal is as to…
2Cases cited1 opinion
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
3Cited by11 opinions
- In re the Probate of the Last Will & Testament of BurnhamAppellate Division of the Supreme Court of the State of New York · 1922
- Cook v. WhiteAppellate Division of the Supreme Court of the State of New York · 1899
- Dobie v. ArmstrongAppellate Division of the Supreme Court of the State of New York · 1898
- State ex rel. Jurich v. McFadden ex rel. White Pine CountyNevada Supreme Court · 1919
- Estate of BairdCalifornia Supreme Court · 1924
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