Woodward v. James
New York Supreme Court
Trial by the court. Harlan J. Woodward brought this action by Frank E. Smith, his guardian ad litem, against Julia L. James, individually and as executrix, &c., of the last will and testament of Frederick P. James, deceased, and others, for a construction of said will. The material facts appear in the opinion.
1Opinion of the CourtVan Vorst, J.
This is an action for the construction of the last will and testament of Fredeiick P. James, deceased. The will was admitted to probate by the surrogate of Putnam county, where the deceased had a dwelling house in which he lived during a portion of the year. He also had a house in the city of New York in which he resided during other parts of the year. He died in the city of New York. The probate of the will by the surrogate of Putnam, county must be accepted here, and until set aside or reversed is to be regarded as valid. The matter of residence depended upon facts to be determined by. the…
2Cited by2 opinions
- In re the application to revoke the probate of the will of StewartNew York Surrogate's Court · 1889
- Salls v. SallsNew York Supreme Court · 1891