In re McCarthy's Will
New York Supreme Court
Appeal from surrogate’s court, Ontario county. Proceedings for the probate of the will of John McCarthy, deceased. From the decree admitting the will to probate contestants appeal. For former report, see 8 N. Y. Supp. 578.
1Opinion of the CourtDwight, P. J.
The only questions determined by the decision of the court on a former appeal in this case were (1) of the admissibility in evidence, by the testimony of the witness Nicholas, an attorney and counselor at law who drew the will, of the conversation had by him with the deceased, at the time the will was executed, in the presence of the subscribing witnesses; and (2) of the admissibility of the answer by the same witness to the question, “Where did you get your instructions from how to draw it'[the will]?” . For the exclusion of these two items of evidence the former decree was reversed. On the…
2Cases cited2 opinions
- In Re Proving the Will of ColemanNew York Court of Appeals · 1888
- Loder v. . WhelpleyNew York Court of Appeals · 1888
3Cited by8 opinions
- Templeton v. ScudderNew Jersey Superior Court Appellate Division · 1951
- Steffenauer v. Mytelka & Rose, Inc.New Jersey Superior Court Appellate Division · 1965
- HOWARD EX REL. HOWARD v. Harwood's Restaurant Co.New Jersey Superior Court Appellate Division · 1956
- Johnson v. KolibasNew Jersey Superior Court Appellate Division · 1962
- Fidelity Union Trust Co. v. HellerNew Jersey Superior Court Appellate Division · 1951
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