Legal Opinion

In re the Last Will & Testament of Fitzgerald

New York Surrogate's Court

Decided December 15, 1900PublishedCited by 6 opinions

Proceedings upon probate of a will.

1Opinion of the Court

Thomas, S.

— Thomas P. Hodnett, a legatee named in the will, but not otherwise having any interest in the estate, was called as a witness, and a release executed by him was proved and offered and received in evidence and filed without objection. On the footing of this release he was permitted to testify as to the details of the execution of the will, against the objection of the contestants and under their exception. The ruling admitting this evidence is now asked to be reconsidered, and I haxe examined the contentions of the contestants with respect to it, only to be confirmed in my opinion…

2Cases cited11 opinions

  1. In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
  2. Loder v. . WhelpleyNew York Court of Appeals · 1888
  3. In Re the Probate of the Last Will & Testament of WilsonNew York Court of Appeals · 1886
  4. Woolley v. . WoolleyNew York Court of Appeals · 1884
  5. O'Brien v. . WeilerNew York Court of Appeals · 1893

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3Cited by6 opinions

  1. In re the Estate of GarnerNew York Surrogate's Court · 1908
  2. In re the Judicial Settlement of the Estate of MillietteNew York Surrogate's Court · 1924
  3. In re Proving the Last Will & Testament of KleinNew York Surrogate's Court · 1922
  4. In re the Contested Will of SarasohnNew York Surrogate's Court · 1905
  5. In re Boardman's WillNew York Surrogate's Court · 1891

1 more not listed; retrieve them via the Exa API.

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