In re the Probate of a Paper Propounded as the Last Will & Testament of Murphy
Appellate Division of the Supreme Court of the State of New York
Appeal by John Kelly, cousin of William Murphy, deceased, one of the heirs at law and next of bin of said William Murphy, from a decree of the Surrogate’s Court of the county of Mew York, entered in said Surrogate’s Court on the 6th day of M ovember, 1899, admitting to probate a paper propounded as the last will and testament of the said William Murphy.
1Opinion of the CourtBarrett, J.
The appellant here - presents three points upon which he asks a reversal. The first is, that there was a defect of parties to the *212proceeding in the Surrogate’s Court, and that the instrument should not have been admitted to probate until the necessary parties had been brought in. This point is without merit. The appellant asked the learned surrogate to find that he is the only known next of kin and heir at law of the deceased; and he. excepted to the refusal to so find. In the original petition, upon which probate was invoked, it was alleged that there were no heirs at law or next of kin of…
2Cases cited5 opinions
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- Loder v. . WhelpleyNew York Court of Appeals · 1888
- In Re Proving the Last Will & Testament of ConwayNew York Court of Appeals · 1891
- In re Probate of the Last Will & Testament of AndrewsAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- MacLean v. HartNew York Supreme Court · 1931
- Purcell v. CowartSupreme Court of Georgia · 1974
- Hume v. Rogue River Packing Co.Oregon Supreme Court · 1907
- In re Boardman's WillNew York Surrogate's Court · 1891