Butler v. Benson
New York Supreme Court
This was an appeal by Butler from the decision of the surrogate of the county of Washington, admitting to probate an instrument purporting to be the last will and testament of Cole Benson, deceased, on the application of Sanford R Benson, the respondent. There were two subscribing witnesses, John F. Beadle and Elijah Brownell; who, together with one Peleg Thomas, were called by the respondent to prove the execution of the will.
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This was an appeal by Butler from the decision of the surrogate of the county of Washington, admitting to probate an instrument purporting to be the last will and testament of Cole Benson, deceased, on the application of Sanford R Benson, the respondent. There were two subscribing witnesses, John F. Beadle and Elijah Brownell; who, together with one Peleg Thomas, were called by the respondent to prove the execution of the will. The substance of their testimony is stated in the opinion of the court.
1Opinion of the CourtHand, J.
A preliminary question arises in this case upon the construction of the judiciary act. The appeal to the circuit judge of the 4th circuit was taken, and the return made, in the year 1846, and the question occurs, whether the case goes to the supreme court, or should be heard before a justice when not holding a term 1 Neither of the counsel expressed any preference, but submitted this question to the justice then holding the special term at Salem, and an order was made proforma by the court, that should that be found to be the proper course, the appeal should be heard by the justice. The…
2Cases cited16 opinions
- Fischli v. FischliIndiana Supreme Court · 1825
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
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3Cited by23 opinions
- In re the Probate of the Last Will & Testament of SizerAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Will of ConveySupreme Court of Iowa · 1879
- In re the Probate of the Last Will & Testament of KearneyAppellate Division of the Supreme Court of the State of New York · 1902
- Scott v. SeaverWisconsin Supreme Court · 1881
- Voorhees v. Presbyterian ChurchNew York Supreme Court · 1853
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