Reeve v. Crosby
New York Surrogate's Court
This was a proceeding for the probate of the last will and testament of Anna M. Dennis, deceased. The testatrix executed her will, bearing date April 1, 1873, which was witnessed by J. W. Stronach and Annie Kirk. Under date of November 18, 1874, she executed a codicil witnessed by Dr. Stronach and William B. Crosby, Esq., and on the 6th day of July, 1875, she executed another codicil, by which she revoked the first, and which was witnessed by Mary Kirk and Ann J. Kirk.
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This was a proceeding for the probate of the last will and testament of Anna M. Dennis, deceased. The testatrix executed her will, bearing date April 1, 1873, which was witnessed by J. W. Stronach and Annie Kirk. Under date of November 18, 1874, she executed a codicil witnessed by Dr. Stronach and William B. Crosby, Esq., and on the 6th day of July, 1875, she executed another codicil, by which she revoked the first, and which was witnessed by Mary Kirk and Ann J. Kirk. Thomas A. Reeve, a nephew of the decedent, contested the probate of the said will and second codicil. By the will, among…
1Opinion of the Court
The Surrogate.
— The testimony was commenced ■ before the late Surrogate, which was suspended on the executor, Mr. Crosby, being offered as a witness for the probate, on the objection of the contestant’s counsel that he was a.legatee under the will, and an executor, and therefore not competent as a witness, though he had executed and delivered a release of all his interest in the estate, and it was urged by the-contestant’s counsel that it was not competent to give evidence of the execution of the will by any other witnesses than the subscribing witnesses.
These questions were considered and…
2Cases cited7 opinions
- Lewis v. . LewisNew York Court of Appeals · 1854
- Lobdell v. . LobdellNew York Court of Appeals · 1867
- Orser v. . OrserNew York Court of Appeals · 1861
- Trustees of Auburn Seminary v. . CalhounNew York Court of Appeals · 1862
- Simmons v. . SissonNew York Court of Appeals · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re the Probate of the Last Will & Testament of WilsonNew York Court of Appeals · 1886
- Burritt v. . SillimanNew York Court of Appeals · 1855
- In re the Probate of the Last Will & Testament of CareyAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Estate of WinslowNew York Surrogate's Court · 1895
- In re the Estate of BehanNew York Surrogate's Court · 1936
3 more not listed; retrieve them via the Exa API.