In re Proving the Last Will & Testament of Backus
Appellate Division of the Supreme Court of the State of New York
Appeal by Henry Clinton Backus, one of the heirs at law, contestant, from a decree of the Surrogate’s Court of the county of Hew York, entered in said Surrogate’s Court on the 20tli day of Hovember, 1899, admitting to probate a certain paper purporting to be the last will and testament of Charles Chapman Backus, deceased.
1Opinion of the Court
O'Brien, J.:
This appeal was taken to determine whether the surrogate correctly admitted to probate a certain will executed March 23, 1880, by Charles C. Backus, who died February 13, 1899, the question being whether such will was revoked by a deed of trust executed by the testator on July 19, 1897.
The deed conveyed all his property to be held in trust during 1ns life for his use and benefit and that of his two children—a son, who was made trustee and who is the appellant here, and a daughter —■ and, after his death, set apart a sum in payment for the trustee’s services, and of the remaining…
2Cited by4 opinions
- Burton v. BellTexas Supreme Court · 1964
- In re the Estate of LogasaNew York Surrogate's Court · 1937
- In re the Probate of the Will of AndrewsNew York Surrogate's Court · 1949
- In re Forbes' WillNew York Surrogate's Court · 1893