Bumstead v. Read
New York Supreme Court
THIS was an appeal from the decree of the surrogate of Saratoga county, refusing to admit to probate in that county the last will and testament of Thomas Bumstead, deceased.
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THIS was an appeal from the decree of the surrogate of Saratoga county, refusing to admit to probate in that county the last will and testament of Thomas Bumstead, deceased. On the 11th day of April, 1855,. the testator, Thomas Bum-stead, died at the city of Troy, in the county of Bensselaer and state of Hew York, leaving no widow, but leaving the respondent William Bumstead, and Stephen Bumstead of Troy, and the appellant Henry Bumstead of Charlton, and Mary Maxon of Brooklyn, his Children, and divers grandchildren, sons and daughters of his said children, who were and are his only heirs at…
1Opinion of the Court
By the Court, Hogeboom, J.
The question to be determined in this case is one of jurisdiction; whether the surrogate of Rensselaer county had jurisdiction to take proof of the will of Thomas Bumstead deceased. Ho doubt, upon the petition presented to the surrogate of Saratoga, considered without reference to the other proceedings, he had jurisdiction to take proof of this will; but this prima facie case is met by proof showing that, previously, upon a petition in all respects similar, except that it showed that the residence of the testator at the time of his death was in Rensselaer and not in…
2Cases cited8 opinions
- McCormick v. SullivantSupreme Court of the United States · 1825
- Borden v. FitchNew York Supreme Court · 1818
- Davis v. PackardSupreme Court of the United States · 1833
- Sheldon v. WrightNew York Supreme Court · 1849
- Harman v. BrothersonCourt for the Trial of Impeachments and Correction of Errors · 1845
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3Cited by16 opinions
- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875
- Coltart v. AllenSupreme Court of Alabama · 1866
- Thompson v. SmithSupreme Court of Oklahoma · 1923
- Hilbish v. HattleIndiana Supreme Court · 1896
- Landon ex rel. Cummins v. CometMichigan Supreme Court · 1886
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