In re Roberts' Will
New York Court of Chancery
This case came before the court upon the application of J. Calf, one of the next of kin of Catherine Roberts, deceased, to establish the will of her husband, whom she survived, as a valid will of personal estate.
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This case came before the court upon the application of J. Calf, one of the next of kin of Catherine Roberts, deceased, to establish the will of her husband, whom she survived, as a valid will of personal estate. The instrument propounded purported to be the joint will of Cornelius Roberts and Catherine his wife, executed at the city of San Carlos de Man tanzas, in the island of Cuba, where they were domiciled at the date of the will, in April, 1825 ; and by which will the survivor was made the sole heir and universal legatee to the other. It was in the mystic form, subscribed by the testator…
1Opinion of the Court
The Chancellor.
The provision of the revised statutes requiring wills of personal property to be executed in the presence of two witnesses, does not apply to wills executed out of this state, by persons domiciled in the state or country where the will is made, and who continue to be thus domiciled at the time the will takes effect by death.(a) Neither does it apply to wills made before those statutes went into effect, although the testator was domiciled here at the time of his death. (2 R. S. 68, § 70, § 77, new ed.) As the testator resided in this state at the time of his death in 1837, this…
2Cited by11 opinions
- Masocco v. SchaafAppellate Division of the Supreme Court of the State of New York · 1931
- Throop v. HatchNew York Supreme Court · 1856
- Claim of Konieczny v. J. Kresse Co.Appellate Division of the Supreme Court of the State of New York · 1932
- Hunt v. MootrieNew York Surrogate's Court · 1855
- Hurley v. KnudsenHawaii Supreme Court · 1929
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