In Re the Revocation of the Probate of the Last Will & Testament of Keefe
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, made November 14, 1899, reversing a decree of the Surrogate’s Court of Kensselaer county revoking the probate of the last will and testament of John Keefe, deceased, and affirming a former decree which admitted such will to probate. The fa-cts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, made November 14, 1899, reversing a decree of the Surrogate’s Court of Kensselaer county revoking the probate of the last will and testament of John Keefe, deceased, and affirming a former decree which admitted such will to probate. The fa-cts, so far as material, are stated in the opinion. The findings of fact made by the trial court having been approved and affirmed by the unanimous decision of the Appellate Division, those facts as found will be accepted here as conclusive, and as they…
1Opinion of the CourtBartlett, J.
The testator died June 7th, 1898, leaving a last will and testament executed forty-eight hours prior to that event, and which was probated a few days thereafter.
The estate involved was a farm worth from $12,000 to $20,000, and personal property valued at about $3,500.
The testator was a bachelor, eighty years of age, and left him surviving as his only heirs at law arid next of kin two sisters, two nieces and a nephew.
Practically the entire estate was devised and bequeathed to strangers in blood, to wit, to the wife or family of the attending physician. The testator bequeathed to his aged…
2Cases cited12 opinions
- Gannon v. . McGuireNew York Court of Appeals · 1899
- People Ex Rel. Manhattan Railway Co. v. BarkerNew York Court of Appeals · 1897
- Shotwell v. . DixonNew York Court of Appeals · 1900
- Bomeisler v. . ForsterNew York Court of Appeals · 1897
- Petrie v. . Trustees of Hamilton CollegeNew York Court of Appeals · 1899
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3Cited by4 opinions
- Dulberg v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1938
- People Ex Rel. Manhattan Railway Co. v. BarkerNew York Court of Appeals · 1900
- In Re the Estate of DavisNew York Court of Appeals · 1906
- In re the Application for the Revocation of the Probate of the Will of KeefeNew York Surrogate's Court · 1898