Dubois v. Sands
New York Supreme Court
IN March, 1861, Bichard Dubois, of Ulster county, New York, died, leaving among other children Sarah E. Sands, the respondent, and three grandchildren, Ann Eliza, Mary Ellen and John D., the children of his aforesaid daughter, and leaving a will which was admitted to probate by the surrogate of the county of Ulster, September 22, 1862, bequeathing to said grandchildren the sum of $1800, to be paid to them or the survivor or survivors on their marrying, or arriving at the age…
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IN March, 1861, Bichard Dubois, of Ulster county, New York, died, leaving among other children Sarah E. Sands, the respondent, and three grandchildren, Ann Eliza, Mary Ellen and John D., the children of his aforesaid daughter, and leaving a will which was admitted to probate by the surrogate of the county of Ulster, September 22, 1862, bequeathing to said grandchildren the sum of $1800, to be paid to them or the survivor or survivors on their marrying, or arriving at the age of twenty-one years. The executors were directed to expend for the benefit of said children the interest of said…
1Opinion of the Court
By the Oourt,
Miller, J.
I think that the question put to the petitioner, when examined as a witness, as to whether her father had money in his possession belonging to her at *414the time the advancements were made for the children, and whether those advancements were made out of her own money, was a proper one and admissible. The petitioner was not examined on her own behalf, but on behalf of the infant legatees whom she represented, and was a competent witness to the facts testified to by her, under section 399 of the code; and the evidence was not within the prohibition therein contained.
The…
2Cases cited2 opinions
- Seaman v. DuryeaNew York Supreme Court · 1851
- Glover v. HolleyNew York Surrogate's Court · 1853
3Cited by8 opinions
- Martin v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1883
- Coil v. Pitman's AdministratorSupreme Court of Missouri · 1870
- In re the Application for Revocation of the Letter Testamentary of WischmannAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Temporary Administration upon the Estate of ChittendenNew York Surrogate's Court · 1912
- In re the Bankruptcy of Tai LungHawaii Supreme Court · 1893
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