Legal Opinion

Caulfield v. . Sullivan

New York Court of Appeals

Decided April 19, 1881PublishedCited by 44 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 25, 1*880, affirming a judgment in favor of defendant, entered upon the report of a referee. (Mem. of decision below, 21 Hun, 227.) This was a reference under the statute of a disputed claim against the estate of Henry Yelverton, deceased. The material facts are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 25, 1*880, affirming a judgment in favor of defendant, entered upon the report of a referee. (Mem. of decision below, 21 Hun, 227.) This was a reference under the statute of a disputed claim against the estate of Henry Yelverton, deceased. The material facts are stated in the opinion. The fact that the recital that the will had been admitted to probate was made upon an exemplified or authenticated copy of the will "without the production of the original will, or…

1Opinion of the CourtEarl, J.

Henry Yelverton, a citizen of this State’, died in France, where he'had resided for several years, on the 30th of September, 1873, leaving at his death a will executed in Paris on the prior 20th day of September, and a codicil thereto, executed three days thereafter. The will and codicil were subsequently admitted to probate in the Surrogate’s Court of the county of Flew York. Letters of administration with the will annexed were subsequently issued to the defendant Sullivan. The plaintiff had resided with the testator in France, and subsequently to his death, in 1875, she presented two claims…

2Cases cited4 opinions

  1. Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
  2. Brown v. . ClarkNew York Court of Appeals · 1879
  3. Brown v. . KnappNew York Court of Appeals · 1879
  4. Bearns v. . GouldNew York Court of Appeals · 1879

3Cited by44 opinions

  1. Jacobs v. MillerMichigan Supreme Court · 1883
  2. In Re Proving the Last Will & Testament of ConwayNew York Court of Appeals · 1891
  3. In Re the Will of GiffordNew York Court of Appeals · 1939
  4. In re the Estate of GreenbergNew York Surrogate's Court · 1931
  5. Elmore v. . ByrdSupreme Court of North Carolina · 1920

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