In Re the Probate of the Last Will & Testament of Bartholick
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the fifth judicial department, entered upon an order-made January 18,1893, which affirmed a decree of the Surro-^ gate’s Court of Monroe county denying probate to the last will and testament of George A. Bartholick, deceased. George A. Bartholick died in Monroe county in July, 1888,. leaving an alleged will which related to real and personal estate.
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Appeal from judgment of the General Term of the Supreme-Court in the fifth judicial department, entered upon an order-made January 18,1893, which affirmed a decree of the Surro-^ gate’s Court of Monroe county denying probate to the last will and testament of George A. Bartholick, deceased. George A. Bartholick died in Monroe county in July, 1888,. leaving an alleged will which related to real and personal estate. Charles Flaherty was named as a legatee in and as one of the executors of the will. The testator left him surviving-his widow, Julia A. Bartholick, a brother, Joshua Bartholick, and…
1Opinion of the CourtPeckham, J.
In providing for the distribution of the personal estates of intestates the statute prohibits any representation among collaterals after brothers’ and sisters’ children. (2 R. S. 96, sec. 75, subdiv. 11.) It is, therefore, claimed that Mrs. Kirley had no right to appeal from the- first decree of the surrogate, so far as that decree admitted the instrument to probate as a will of personal property. In fact she did appeal from the whole decree. We do not think it necessary, in this case, to go back of the reversal by the General Term of the decree of the surrogate admitting the will to probate…
2Cases cited3 opinions
- In Re the Probate of the Will of BudlongNew York Court of Appeals · 1891
- In Re Proving the Last Will & Testament of KellumNew York Court of Appeals · 1872
- Sutton v. . RayNew York Court of Appeals · 1878
3Cited by10 opinions
- State Ex Rel. Commissioner of Insurance v. North Carolina Automobile Rate Administrative OfficeSupreme Court of North Carolina · 1977
- Shaffer v. BaconAppellate Division of the Supreme Court of the State of New York · 1898
- In re Proving the Last Will & Testament of BarlowAppellate Division of the Supreme Court of the State of New York · 1917
- In re Proving the Last Will & Testament of KiltzNew York Surrogate's Court · 1925
- Hengesbach v. HengesbachCourt of Appeals for the D.C. Circuit · 1940
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