In Re the Probate of the Alleged Last Will & Testament of Stickney
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 24, 1898, reversing a decree of the Surrogate’s Court of the county of Genesee, directing it to enter a decree refusing to admit to probate the will of Jonas Stickney, deceased, and revoking the letters testamentary issued to William A. Bullard, as executor, and from a judgment entered in pursuance thereof.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 24, 1898, reversing a decree of the Surrogate’s Court of the county of Genesee, directing it to enter a decree refusing to admit to probate the will of Jonas Stickney, deceased, and revoking the letters testamentary issued to William A. Bullard, as executor, and from a judgment entered in pursuance thereof. Jonas Stickney executed two wills, one about May 1, 1893, the second about May 12, 1893. The former was destroyed by his attorney by his direction. Subsequently, in the…
1Opinion of the CourtMartin, J.
The only question presented for review by this court is whether a will that is revoked by a subsequent one which is destroyed by the testator, is revived by his declaration that he desires his first will to stand, made to others than the subscribing witnesses, and where the persons to whom such declaration was made do not subscribe as witnesses to the will.
Who may make a will, how it shall be executed, how revoked, and after revocation how revived, are controlled by the statutes of the State. (2 E. S. ch. 6, tit. 1.) To constitute a valid will it must be subscribed at the end by the testator,…
2Cited by25 opinions
- In Re of Proving the Last Will & Testament of CampbellNew York Court of Appeals · 1902
- In re the Estate of GreenbergNew York Surrogate's Court · 1931
- Collins v. CollinsOhio Supreme Court · 1924
- Pardee v. KusterWyoming Supreme Court · 1907
- In re the Estate of McCaffreyNew York Surrogate's Court · 1940
20 more not listed; retrieve them via the Exa API.