Caw v. . Robertson
New York Court of Appeals
Appeal from the general term of tbe Supreme Court,, in the fourth district, where a decree of the surrogate’s court of Fulton county, for the payment of a legacy to David Caw, the appellant, had been reversed.
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Appeal from the general term of tbe Supreme Court,, in the fourth district, where a decree of the surrogate’s court of Fulton county, for the payment of a legacy to David Caw, the appellant, had been reversed. (Reported below, 3 Barb. 410.) Margaret McPherson, by her last will and testament, bearing date the 7th July 1844, gave and bequeathed “to the Associate Reformed church of Broadalbin, five hundred dollars; provided that *Rev. David Caw continue to be their pastor, for seven years; but, if not, then it must be paid over to David Caw, with interest.” The subscribing witnesses to the will…
1Opinion of the CourtH. Gray, J.
The question here presented is, whether Caw, the appellant, whose name appears as a subscribing witness to the will of the late Margaret McPherson, is entitled to the legacy bequeathed over to him. For the purpose of determining this question, it is important, first, to consider, whether one who is, in reality, an attesting witness to a will, is, under any circumstances, entitled to a legacy under it. The revised statutes relating to wills of real and personal property, and the proofs of them, provide, first, for wills of real estate and the proofs of them; secondly, for wills of personal…
2Cases cited3 opinions
- Newkerk v. NewkerkNew York Supreme Court · 1805
- Wetmore v. Atlantic White Lead Co.New York Supreme Court · 1862
- Campbell v. M'DonaldSupreme Court of Pennsylvania · 1840
3Cited by20 opinions
- In re KempfAppellate Division of the Supreme Court of the State of New York · 1937
- In re the Judicial Settlement of the Account of DwyerAppellate Division of the Supreme Court of the State of New York · 1920
- Cushman v. CushmanAppellate Division of the Supreme Court of the State of New York · 1907
- In Re the Accounting of MarksNew York Court of Appeals · 1941
- In re the Contested Will of HockNew York Surrogate's Court · 1911
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