In re Proving the Last Will & Testament of Kent
Appellate Division of the Supreme Court of the State of New York
Appeal by Betsey C. Adams, one of the heirs at law and next of kin of Ursula A. Kent, from a decree of the Surrogate’s Court of the county of Onondaga, entered in the office of said Surrogate’s Court on the 4th day of February, 1915, admitting to probate a paper propounded as the last will and testament of Ursula A. Kent, deceased, including missing parts thereof which the surrogate found had been cut from the will by the testatrix in her lifetime, without intent on her part…
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Appeal by Betsey C. Adams, one of the heirs at law and next of kin of Ursula A. Kent, from a decree of the Surrogate’s Court of the county of Onondaga, entered in the office of said Surrogate’s Court on the 4th day of February, 1915, admitting to probate a paper propounded as the last will and testament of Ursula A. Kent, deceased, including missing parts thereof which the surrogate found had been cut from the will by the testatrix in her lifetime, without intent on her part to revoke the whole will but only the parts so eliminated.
1Opinion of the Court
Foote, J.:
On March 9, 1911, Ursula A. Kent made her last will and testament consisting of fourteen separately numbered paragraphs. A few days after her death on July 10,1913, the will was found locked in the drawer of a bureau in what had been her sleeping room. It then appeared that the paragraph numbered 6th, and a part of the paragraph numbered 10th, being the residuary clause, had been cut and completely removed from the will.
The learned surrogate has found as a fact that those clauses if cut from the will by the testatrix in her lifetime was with the intention of revoking such clauses…
2Cases cited14 opinions
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Kerr v. . DoughertyNew York Court of Appeals · 1880
- In Re the Accounting of KingNew York Court of Appeals · 1910
- Estate of PattersonCalifornia Supreme Court · 1909
- Lovell v. . QuitmanNew York Court of Appeals · 1882
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re the Estate of EnrightNew York Surrogate's Court · 1931
- In re the Probate of a Paper Propounded as the Last Will & Testament of ParkerNew York Surrogate's Court · 1917
- In re the Estate of BescherNew York Surrogate's Court · 1928
- Hansel v. HeadSupreme Court of Alabama · 1997
- In re Proving the Last Will & Testament of GethinsNew York Surrogate's Court · 1916
3 more not listed; retrieve them via the Exa API.