Legal Opinion

Gardiner v. Raines

New York Surrogate's Court

Decided October 15, 1884Published

Petition for the probate of decedent’s will, presented by William G. Raines, one of the executors therein named; opposed by Celeste. M. Gardiner, a sister of decedent. The facts are stated in the .opinion.

1Opinion of the Court

The Surrogate.

Charles A. Gardiner, the testator above named, died April 29th, 1884, at his residence in the town of Gates, Monroe county, N. Y., leaving the paper presented for probate, purporting to be his last will and testament, by which he makes distribution of his entire estate, with the exception of a trifling legacy, in a manner entirely different from that which would have been made under the statutes of this State, had he died intestate. The instrument bears the date of March 18th, 1884, and it appears to be signed by the testator at the end. The signatures of the attesting'…

2Cases cited14 opinions

  1. In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
  2. Peck v. . CaryNew York Court of Appeals · 1863
  3. Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
  4. Lewis v. . LewisNew York Court of Appeals · 1854
  5. Remsen v. BrinckerhoffNew York Supreme Court · 1841

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