Legal Opinion

Scherrer v. Kaufman

New York Surrogate's Court

Decided July 15, 1882PublishedCited by 1 opinion

Motion to expunge, as incompetent under Code Civ. Pro., § 829, testimony given in proceedings instituted by Catharine Kaufman for the probate of decedent’s will. The facts appear sufficiently in the opinion.

1Opinion of the Court

The Surrogate.

The decedent died possessed of both real and personal property. A paper has been offered for probate, which purports to be his will and to dispose of his entire estate. A contest has arisen as to the genuineness and validity of this instrument, in the course of which the wife of one Peter Seherrer, a son of the decedent, has been examined as a witness. She has been permitted to give in evidence certain conversations between herself and her father-in-law, under objection that the reception of such testimony was in violation of section 829 of the Code of Civil Procedure. The court…

2Cases cited5 opinions

  1. Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
  2. Hobart v. . HobartNew York Court of Appeals · 1875
  3. Jackson v. Van DusenNew York Supreme Court · 1809
  4. Eckford v. De KayNew York Court of Chancery · 1837
  5. Babbott v. ThomasNew York Supreme Court · 1859

3Cited by1 opinion

  1. Fogal v. PageNew York Supreme Court · 1891

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