Adams v. Swift
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edith Hoyt Swift, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of June, 1915, upon the decision of the court after a trial at the New York Special Term. The judgment established a certain paper as and for the last will and testament of Albert A. Adams, deceased, and restrained the probate of a later paper purporting to be his will.
1Opinion of the Court
Scott, J.:
This is an action to probate a will under the provisions of section 1861 of the Code of Civil Procedure, which provides that an *803action to procure a judgment establishing a will may be maintained by any person interested in the establishment thereof, “ Where a will of real or personal property or both has been executed in such a manner and under such circumstances that it might, under the laws of the State, be admitted to probate in a Surrogate’s Court, but the original will is in another State or county under such circumstances that it cannot be obtained for that purpose; or has…
2Cases cited8 opinions
- Wallace v. . WallaceNew York Court of Appeals · 1915
- Winston v. . WinstonNew York Court of Appeals · 1901
- Kerker v. . LevyNew York Court of Appeals · 1912
- Mutual Life Insurance v. HollodayNew York Supreme Court · 1883
- De Hierapolis v. ReillyAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by15 opinions
- Hermann v. LudwigAppellate Division of the Supreme Court of the State of New York · 1919
- In Re the Accounting of GoldbergNew York Court of Appeals · 1937
- Busque v. MarcouSupreme Judicial Court of Maine · 1952
- Alfred University v. FraceAppellate Division of the Supreme Court of the State of New York · 1920
- Higgins v. Exchange National BankNew York Supreme Court · 1931
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