In re Clark's Will
New York Supreme Court
Appeal from surrogate’s court, Oswego county. Proceedings for the probate of the will of Elizabeth W. Clark, deceased. From a decree refusing to admit the will to probate, Frank A. Place, the petitioner, appeals. Reversed.
1Opinion of the CourtMerwin, J.
In this case it appeared that one of the subscribing witnesses was absent from the state, but that her place of residence out of the state was known, and her evidence could be taken by commission. It was not so taken. Upon the evidence in fact given, it was found by the surrogate that the will was duly executed in the manner required by law, and that the testatrix at the time of executing it was in all respects competent to make a will, and not under any restraint. Probate was, however, refused “upqn the sole ground that the court has no power or jurisdiction to admit said will to probate…
2Cases cited1 opinion
- In Re Proving the Will of MartinNew York Court of Appeals · 1885
3Cited by3 opinions
- Wells v. ThompsonSupreme Court of Georgia · 1913
- In re the Contested Will of SarasohnNew York Surrogate's Court · 1905
- In re the Judicial Settlement of the Account of Proceedings of MarksAppellate Division of the Supreme Court of the State of New York · 1940