Legal Opinion

Everitt v. Everitt

New York Supreme Court

Decided March 8, 1864PublishedCited by 14 opinions

THIS was a proceeding in equity under the statute (2 R. S. 67) to take proof of the execution and validity of a lost or destroyed will, and to establish the same.

1Opinion of the CourtBrown, J.

The object of this action is to establish the execution and validity of the will of Walter 0. Everitt, which is alleged to have been lost or destroyed. The deceased was a resident of Middletown, in the county of Orange, at the time of his death, which occurred on the 19th of January, 1842. The will is said to have been dated on the 11th of January of the same year, and witnessed by Henry S. Beaker and David Hoyt, both of the same place, and that Lewis H. Everitt and Harvey Everitt were the persons named as executors therein.

In proceeding to consider and apply the evidence to the allegations…

2Cases cited3 opinions

  1. Colton v. RossNew York Court of Chancery · 1831
  2. Bucklin v. FordNew York Supreme Court · 1849
  3. Bowen v. IdleyNew York Court of Chancery · 1836

3Cited by14 opinions

  1. McDonald v. McDonaldIndiana Supreme Court · 1895
  2. Goodale v. MurraySupreme Court of Iowa · 1940
  3. Barnes v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1897
  4. Gavitt v. MoultonWisconsin Supreme Court · 1903
  5. Rider v. LeggNew York Supreme Court · 1868

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