Legal Opinion

In re the Probate of the Last Will and Testament of Barnes

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

Decided March 15, 1902PublishedCited by 15 opinions

Appeal by the proponent, Kittie M. Larzelere, from a decree of the Surrogate’s Court of the county of Yates, entered in said Surrogate’s Co„urt on the 28th day of July, 1901, refusing to admit to probate an instrument purporting to be the last will and testament of Herman S. Barnes, deceased.

1Opinion of the Court

Davy, J.:

On the 2d day óf January, 1901, the appellant presented her petition-to the Surrogate’s Court of Tates county, praying that the last will and testament of Herman S. Barnes, deceased, bearing date June It, 1897, be admitted to probate, and a citation was duly issued thereon to all parties interested in said estate. On the return of said citation, J. Franklin Barnes, a son of thé deceased, filed an answer, denying that the paper • so presented for probate was the last will and testament of said deceased, and alleging j that subsequent to the execution thereof, and on or about the 30th¡…

2Cases cited6 opinions

  1. In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
  2. Hurlburt v. . HurlburtNew York Court of Appeals · 1891
  3. In Re the Revocation of the Last Will & Testament of NelsonNew York Court of Appeals · 1894
  4. Nelson v. McGiffertNew York Court of Chancery · 1848
  5. In Re the Probate of the Alleged Last Will & Testament of StickneyNew York Court of Appeals · 1899

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3Cited by15 opinions

  1. Baumann v. . SteingesterNew York Court of Appeals · 1915
  2. Blackett v. ZieglerSupreme Court of Iowa · 1911
  3. Collins v. CollinsOhio Supreme Court · 1924
  4. In re the Probate of the Last Will and Testament of WylieAppellate Division of the Supreme Court of the State of New York · 1914
  5. In re the Probate of the Will of AndrewsNew York Surrogate's Court · 1949

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