Legal Opinion

Booth v. Timoney

New York Surrogate's Court

Decided June 15, 1885Published

Application for the probate of decedent’s will, made by Geraldine J. Timoney, a legatee therein named; opposed by Joseph A. Booth, decedent’s husband. The paper propounded was an informal document written upon one page of a half sheet of note paper. Further facts appear in the opinion.

1Opinion of the Court

The Surrogate.

On the 10th of August, 1884, this decedent died at Long Branch, N. J., where she had resided for several years. A paper purporting to be her last will was propounded in this court on August 16th, 1884, and a petition was filed, praying for its admission to probate. Objections were duly interposed, and the issues thus raised were afterwards brought to a trial which is now concluded. The instrument in controversy is in words following :

“ If I, Cecilia L. Booth, should die within the year 1884, I leave to my sister, Geraldine Josephine Timoney, all the money due me from my late…

2Cases cited11 opinions

  1. Adams v. FieldSupreme Court of Vermont · 1849
  2. Baskin v. . BaskinNew York Court of Appeals · 1867
  3. Davis v. ShieldsNew York Supreme Court · 1841
  4. James v. . PattenNew York Court of Appeals · 1851
  5. Waller v. WallerSupreme Court of Virginia · 1845

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