In re Proving the Last Will & Testament of Granacher
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestant, Joseph Forster, from a decree of the Surrogate’s Court of the county of Erie, entered in said Surrogate’s Court on the 7th day of November, 1901, upon the decision of the court admitting to probate an instrument purporting to be the last will and testament of Barbara Granacher, deceased.
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Appeal by the contestant, Joseph Forster, from a decree of the Surrogate’s Court of the county of Erie, entered in said Surrogate’s Court on the 7th day of November, 1901, upon the decision of the court admitting to probate an instrument purporting to be the last will and testament of Barbara Granacher, deceased. The proceeding was commenced on the 13th day of June, 1901, by Lorenz Granacher, the husband of Barbara Granacher, deceased, by filing in the Surrogate’s Court his petition dated that day, duly verified, which alleged in substance that on or about the 3d day of March, 1882, the said…
1Opinion of the Court
McLennan, J.:
A lost or destroyed will may not be established or admitted to probate except upon complying with the requirements of sections 1865 and 2621 of the Code of Civil Procedure. Section 1865 provides : “ But the plaintiff is not entitled to a judgment establishing a lost or destroyed will as prescribed in this article, unless the will was in existence at the time of the testator’s death or was fraudulently destroyed in his lifetime; and its provisions are clearly and distinctly proved by at least two credible witnesses, a correct copy or draft being equivalent to one witness.”
Section…
2Cited by6 opinions
- In re the Estate of BreckwoldtNew York Surrogate's Court · 1939
- In re the Probate of the Last Will & Testament of DorrityNew York Surrogate's Court · 1922
- Estate of Johnson, Superior Court of California, County of San Francisco1903
- In re the Estate of KleefeldNew York Court of Appeals · 1982
- In re the Estate of SmithNew York Surrogate's Court · 1982
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