Booth v. Kitchen
New York Surrogate's Court
This was an application for the probate of the second codicil to the last will and testament of Otis Dyer, deceased. The will was admitted to probate, together with the codicils, in December, 1874. In November, 1875, the contestants, William H. Booth and others, infants, appearing by their father, Henry Booth, filed allegations against the probate, but on the day appointed they failed to appear, and the will and codicils were admitted.
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This was an application for the probate of the second codicil to the last will and testament of Otis Dyer, deceased. The will was admitted to probate, together with the codicils, in December, 1874. In November, 1875, the contestants, William H. Booth and others, infants, appearing by their father, Henry Booth, filed allegations against the probate, but on the day appointed they failed to appear, and the will and codicils were admitted. In November, 1875, the contestants, by petition, prayed that the probate be vacated, and that they7 be allowed to interpose objections to the probate of the…
1Opinion of the Court
The Surrogate.
For the purpose of determining the questions raised in this matter, it will be necessary to refer only to the testimony bearing upon these points, but to a clear understanding of the case it will be necessary to consider somewhat carefully the terms of the will and codicils, in order, if practicable, to' ascertain the extent and object of the change sought to be effected by the codicil contested.
The will bears date October 17, 1870, and among other dispositions he bequeaths unto Henry Booth, $7000; William R. Kitchen, $20,000; and to three daughters and one son of said Kitchen,…
2Cases cited10 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Gardiner v. GardinerNew York Court of Appeals · 1865
- Coffin v. . CoffinNew York Court of Appeals · 1861
- Crispell v. DuboisNew York Supreme Court · 1848
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3Cited by2 opinions
- In re Contested Will of BarbineauNew York Surrogate's Court · 1899
- Tucker v. FieldNew York Surrogate's Court · 1881