Legal Opinion

Colhoun v. Jones

New York Surrogate's Court

Decided January 15, 1870PublishedCited by 4 opinions

This was a proceeding, for the probate of the last will and testament of John Olarkson Oolhoun, deceased. The deceased was the only surviving son of Commodore John Oolhoun, of Philadelpia. He left surviving him, his father, and Eosalie Oolhoun, Ms only sister. His mother died in 1851. At the time of Ms death he was about twenty-three, and Ms sister about sixteen years of age. He left an estate valued at at least forty thousand dollars.

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This was a proceeding, for the probate of the last will and testament of John Olarkson Oolhoun, deceased. The deceased was the only surviving son of Commodore John Oolhoun, of Philadelpia. He left surviving him, his father, and Eosalie Oolhoun, Ms only sister. His mother died in 1851. At the time of Ms death he was about twenty-three, and Ms sister about sixteen years of age. He left an estate valued at at least forty thousand dollars. At an early age Ms father placed him at a boarding school at Cornwall in this state, and continued him at various institutions of learning until some time in…

1Opinion of the Court

The Surrogate.

After a careful consideration of the testimony given before me, and an examination of the law which is to be applied to the case, I am satisfied it is my duty to reject the will.

Upon the argument before me, it seemed to be conceded by the contestants that the will was executed in due form of law. I shall therefore consider one of the objections as out of the case. The grounds on which the will is rejected are involved in the remaining objections.

The statute provides that all persons except, idiots, persons of unsound mind, and infants, may devise their real estate by a last will…

2Cases cited4 opinions

  1. Peck v. . CaryNew York Court of Appeals · 1863
  2. Clark v. FisherNew York Court of Chancery · 1828
  3. Stanton v. WetherwaxNew York Supreme Court · 1853
  4. Wilson v. MoranNew York Surrogate's Court · 1855

3Cited by4 opinions

  1. In re the Probate of the Will of BrushAppellate Division of the Supreme Court of the State of New York · 1956
  2. Banta v. WilletsNew York Surrogate's Court · 1888
  3. In re the Application for Probate of Paper Propounded as the Will of HarroldNew York Surrogate's Court · 1888
  4. Morse v. ScottNew York Surrogate's Court · 1885

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