Legal Opinion · Concurrence

In re Dunham's Will

New York Supreme Court

Decided May 15, 1888Published

Appeal from surrogate’s court, Bangs county; Abbaham Lott, Surrogate. The following will, dated September 11, 1885, of Alfred F. Dunham was offered for probate by Mary Nolte: “In the name of God, Amen. I, Alfred F. Dunham, of the city of Brooklyn, now being of sound and disposing mind and memory, and considering the uncertainty of this life, do make, publish, and declare this to be my last will and testament, as follows: First.

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Appeal from surrogate’s court, Bangs county; Abbaham Lott, Surrogate. The following will, dated September 11, 1885, of Alfred F. Dunham was offered for probate by Mary Nolte: “In the name of God, Amen. I, Alfred F. Dunham, of the city of Brooklyn, now being of sound and disposing mind and memory, and considering the uncertainty of this life, do make, publish, and declare this to be my last will and testament, as follows: First. After my lawful debts are paid I give and bequeath to my dear friend, Mrs. Mary Nolte, of said city of Brooklyn, the sum of three thousand dollars, to be paid to her…

1Concurrence

Dykman, J.,

(concurring.) This is an appeal from the decree of the surrogate of Kings county, admitting to probate an instrument called a “ Codicil, ” to the last will and testament of Alfred F. Dunham, deceased. The testator made a will in October, 1882, and in September, 1885, he made another will in which, after the bequest of a legacy of $3,000 to Mrs. Mary Holte, he gave the remainder of his property as before given and provided for in his former will, so that both instruments were required to constitute the last will and testament of the testator. The last instrument was contested, but…

2Cases cited6 opinions

  1. Will of SlingerWisconsin Supreme Court · 1888
  2. Webber v. SullivanSupreme Court of Iowa · 1882
  3. In re the Estate of ShepardsonMichigan Supreme Court · 1884
  4. Blume v. HartmanSupreme Court of Pennsylvania · 1887
  5. Herster v. HersterSupreme Court of Pennsylvania · 1887

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