Legal Opinion

Turhune v. Brookfield

New York Surrogate's Court

Decided September 15, 1854PublishedCited by 5 opinions

1Opinion of the Court

The Surrogate. — Upon the return of the citation, Hannah Brookfield appeared by her counsel and claimed the right to intervene and oppose the probate of the will, on the ground that she was a legatee under a former will, as well as under the one now offered for probate. Upon the production of the former will, and the proof that it was executed by the testator in the form prescribed by law, the legatee has sufficient interest to entitle her to intervene and to oppose the probate of the will offered.

[The learned surrogate proceeded to discuss the competency of a witness, who was objected to at…

2Cases cited3 opinions

  1. Burger v. HillNew York Surrogate's Court · 1850
  2. Mowry v. SilberNew York Surrogate's Court · 1852
  3. McSorley v. McSorleyNew York Surrogate's Court · 1852

3Cited by5 opinions

  1. In Re the Probate of the Will of DavisNew York Court of Appeals · 1905
  2. In Re Estate of DuffySupreme Court of Iowa · 1940
  3. In re the Probate of the Will of AspenleiterNew York Surrogate's Court · 1946
  4. Lafferty v. LaffertyNew York Surrogate's Court · 1881
  5. In re the Probate of a Certain Instrument Alleged to be the Last Will & Testament of RintelenNew York Surrogate's Court · 1902

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