Osburn v. Rochester Trust & Safe Deposit Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 9, 1912, sustaining defendant’s exceptions, ordered to he heard in the first instance by the Appellate Division, and granting a motion for a new trial. This action was brought to set aside the probate of the will of Sarah R. Davenport, deceased. At the Trial Term a verdict was directed in favor of plaintiff.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 9, 1912, sustaining defendant’s exceptions, ordered to he heard in the first instance by the Appellate Division, and granting a motion for a new trial. This action was brought to set aside the probate of the will of Sarah R. Davenport, deceased. At the Trial Term a verdict was directed in favor of plaintiff. A will and codicil constitute one testamentary instrument, the signature, signature of witnesses and attestation clause, all of which are at the end of the codicil. (Brown…
1Opinion of the CourtHiscock, J.
This appeal presents the question whether the destruction and revocation of a codicil to a will necessarily operates as a revocation cf the will. It was held at the Trial Term that this was the result. The Appellate Division, however, unanimously held a contrary view.
The question is presented by very simple and entirely undisputed facts. The testatrix duly made and executed a will and subsequently a codicil which only modified the former by making an additional bequest of one thousand dollars before creating and providing for a residuary estate. Apparently the will and codicil were,…
2Cases cited1 opinion
- In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
3Cited by19 opinions
- In Re the Estate of GreenbergNew York Court of Appeals · 1933
- Ford's EstateSupreme Court of Pennsylvania · 1930
- In re the Estate of GreenbergNew York Surrogate's Court · 1931
- Russell v. TylerCourt of Appeals of Kentucky (pre-1976) · 1928
- Harmon v. KetchumCourt of Appeals of Texas · 1927
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