Legal Opinion

In Re the Probate of the Will of Hopkins

New York Court of Appeals

Decided November 11, 1902PublishedCited by 46 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 6, 1902, which affirmed a decree of the Westchester County Surrogate’s Court admitting to probate a paper writing propounded as the last wTill and testament of Robert E. Hopkins, deceased. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 6, 1902, which affirmed a decree of the Westchester County Surrogate’s Court admitting to probate a paper writing propounded as the last wTill and testament of Robert E. Hopkins, deceased. The facts, so far as material, are stated in the opinion. The testimony of the witness Carvalho should have been excluded, being altogether incompetent, and the witness himself being unqualified. (Dougherty v. Milliken, 163 N. Y. 527; People v. Molineux, 168 N. Y. 264; Clason v. Bailey, 14…

1Opinion of the CourtHaight, J.

Bobert E. Hopkins died at Tarrytown in this . state on the 9th day of May, 1901. He was possessed of a large estate, and left him surviving Fanny W. Hopkins, his widow, and Bobert E. Hopkins, Jr., his son, of the age of thir toon years, liis only heirs at law and next of kin. He in company with other gentlemen organized the Tide Water Oil Co. and the Tide Water Pipe Co., and the greater portion of his time was occupied in attending to the business of those companies. His desk and office was in a room of the building in the city of Hew York in which the business of the companies was chiefly…

2Cases cited7 opinions

  1. People v. . MolineuxNew York Court of Appeals · 1901
  2. Jackson v. . JacksonNew York Court of Appeals · 1868
  3. Kowing v. . ManlyNew York Court of Appeals · 1872
  4. Lansing v. RussellNew York Court of Chancery · 1848
  5. Strong's Ex'rs v. BrewerSupreme Court of Alabama · 1850

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3Cited by46 opinions

  1. Ausmus v. PeopleSupreme Court of Colorado · 1910
  2. Sellards v. KirbySupreme Court of Kansas · 1910
  3. In re Kathan's WillNew York Surrogate's Court · 1913
  4. In re the Application for the Probate of the Last Will & Testament of ParsonsNew York Surrogate's Court · 1922
  5. In re the Estate of McCaffreyNew York Surrogate's Court · 1940

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