Curran v. Sears
New York Surrogate's Court
This was a proceeding for the probate of the last will and testament of Edward J. Sears, deceased. Objections were interposed by Sarah Ourran and Maria Sears, sisters, and Mark Sears, a brother of the testator. There was no question as to the due execution of the will, and the contestant waived all objections to the probate of the will as a will of personal property.
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This was a proceeding for the probate of the last will and testament of Edward J. Sears, deceased. Objections were interposed by Sarah Ourran and Maria Sears, sisters, and Mark Sears, a brother of the testator. There was no question as to the due execution of the will, and the contestant waived all objections to the probate of the will as a will of personal property. It was contended that the will could not be admitted as a will of real property, on the ground of the invalidity of the seventh clause of the will disposing of the testator’s real estate. The grounds of the objection were: First,…
1Opinion of the Court
The Subbogate.
The first question to be considered in this matter is, whether this court has the power to determine this question.
Prior to the statute of 1870, chapter 359, (applicable to the Surrogate of this county only), the Surrogate had no authority to construe wills, except so far as it became necessary on the final accounting, and the proponent’s counsel objects to the jurisdiction of the Surrogate to pass upon the questions sought to be raised by the counsel for the contestants.
This enquiry must be answered by the language of the act, and the reasonable inferences to be drawn…
2Cases cited11 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Holmes v. . MeadNew York Court of Appeals · 1873
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