In re the Proof & Probate of the Last Will & Testament of Burtis
Appellate Division of the Supreme Court of the State of New York
Appeal by the proponent, Elizabeth Cook Burgess, from a decree of the Surrogate’s Court of the county of Cayuga, entered in said Surrogate’s Court on the 29th day of April, 1904, refusing to admit to probate an instrument in writing purporting to be the last will and testament of Albert G. Burtis, deceased, dated May 26, 1902, by the terms of which instrument all the property of the decedent was devised and bequeathed to the appellant.
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Appeal by the proponent, Elizabeth Cook Burgess, from a decree of the Surrogate’s Court of the county of Cayuga, entered in said Surrogate’s Court on the 29th day of April, 1904, refusing to admit to probate an instrument in writing purporting to be the last will and testament of Albert G. Burtis, deceased, dated May 26, 1902, by the terms of which instrument all the property of the decedent was devised and bequeathed to the appellant. The contestants, who were the father and brother of the decedent, interposed an answer, by which they alleged in substance that the will propounded for probate…
1Dissent
Hiscock, J. (dissenting):
The surrogate in reaching his decision adverse to the alleged will, has reviewed the great mass of testimony and discussed the many issues directly and incidentally involved, in an opinion which is so painstaking, comprehensive and excellent that in an ordinary case it might well be adopted as the expression of our views in voting to affirm his decree. (See Matter of Burtis, 43 Misc. Rep. 437.) But the character of the case, the amount involved, and especially the fact that a large amount of evidence has been presented for the first time upon the appeal to this court,…
2Cases cited11 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- In Re the Probate of the Last Will & Testament of LaudyNew York Court of Appeals · 1895
- Howland v. . TaylorNew York Court of Appeals · 1873
- In re Proving the Last Will & Testament of TompkinsAppellate Division of the Supreme Court of the State of New York · 1902
- In re Proving the Last Will & Testament of McGrawAppellate Division of the Supreme Court of the State of New York · 1896
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