Legal Opinion
In re the Probate of the Last Will & Testament of Howland
New York Surrogate's Court
Decided January 15, 1902PublishedCited by 4 opinions
Proceedings upon the prohate of a will.
1Opinion of the Court
¡Davis, S.
Hpon the return of the citation in this case, the contestant files an answer to the petition, under section 2624 of the Code of Civil Procedure, asks for a construction of the residuary clause of the will, and that it be declared void. ¡No question is raised as to the competency of the testator to make a will, and it is conceded that all the legal formalities were duly observed in the execution of the will. The fifth, or residuary clause, alone is challenged, which is as.follows:
"Fifth. All the rest, residue and remainder of the property and estate, real and personal, of every…
2Cases cited7 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Goebel v. . WolfNew York Court of Appeals · 1889
- Roe v. . VingutNew York Court of Appeals · 1889
- Everitt v. . EverittNew York Court of Appeals · 1864
- Delafield v. . ShipmanNew York Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Coppedge v. ClintonCourt of Appeals for the Tenth Circuit · 1934
- In re the Application under the Last Will of KaufmanNew York Surrogate's Court · 1920
- In re the Estate of CatlinNew York Surrogate's Court · 1915
- In re the Estate of MartinNew York Surrogate's Court · 1961