In re Proving the Last Will & Testament of Holme
Appellate Division of the Supreme Court of the State of New York
Appeal by Edwin 0. Hall, petitioner, named as executor in the last will and testament of Lizzie H. Holme, deceased, and by others, beneficiaries under said will, from an order of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 27th day of January, 1915, granting a motion by the contestant for leave to amend his answer and to have a jury trial.
1Opinion of the Court
Clarke, J.:
On June 20, 1914, Mrs. Lizzie H. Holme died leaving a will executed by her on July 22, 1907. After a variety of gifts to relatives, friends and charitable organizations, testatrix provided: “I have made the above disposition of my property conscious of the fact that I have a living husband and also other relatives for whom I have made no provision in this my Last Will and Testament, and it is my express determination that they shall not have any share or benefit under this, my Last Will and Testament, nor in any manner share in my estate.”
The executors named in the will offered the…
2Cases cited1 opinion
- In re Proving Several Papers as Last Wills & Testaments of MartinNew York Surrogate's Court · 1913
3Cited by6 opinions
- In re the Probate of the Will of BeattyNew York Surrogate's Court · 1954
- In re Proving the Last Will & Testament of CarnrightAppellate Division of the Supreme Court of the State of New York · 1917
- In re the Judicial Settlement of the Account of Proceedings of WetteranNew York Surrogate's Court · 1918
- In re Proving the Last Will & Testament of CantineAppellate Division of the Supreme Court of the State of New York · 1930
- In re Proving the Last Will & Testament of HolmeAppellate Division of the Supreme Court of the State of New York · 1915
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