Legal Opinion

In re Rice

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1903PublishedCited by 5 opinions

Appeal by Albert T. Patrick, a legatee and executor named in the alleged last will and testament of William M. Rice, deceased, bearing date June 30, 1900, from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 27th day of June, 1902, refusing to admit to probate a paper purporting to be the last will and testament of William M. Rice, deceased, bearing date the 30th day of June, 1900, and admitting to probate as the will of…

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Appeal by Albert T. Patrick, a legatee and executor named in the alleged last will and testament of William M. Rice, deceased, bearing date June 30, 1900, from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 27th day of June, 1902, refusing to admit to probate a paper purporting to be the last will and testament of William M. Rice, deceased, bearing date the 30th day of June, 1900, and admitting to probate as the will of the said deceased a paper dated September 26, 1896, and also from an order of consolidation of the above-mentioned…

1Opinion of the Court

McLaughlin, J.:

On the 23d of September, 1900, William M.' Rice, upwards of eighty years ’ of age, then a resident of the county of New York, died, leaving as his only heirs at law and next of kin one brother, two sisters and descendants of deceased brothers and sisters. On the twelfth of the following month John J). Bartine filed in the office of the surrogate of the county of New York a paper dated September 26, 1896, which purported to be the last will and testament of Mr. Rice, together with a petition asking for its probate, upon which' citations were issued to the necessary parties; The…

2Cases cited4 opinions

  1. Clapp v. . FullertonNew York Court of Appeals · 1866
  2. In re FlemingAppellate Division of the Supreme Court of the State of New York · 1896
  3. In re Hardenburg's WillNew York Supreme Court · 1895
  4. People ex rel. Patrick v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by5 opinions

  1. Boyd v. GosserSupreme Court of Florida · 1919
  2. In re the Probate of the Last Will & Testament of BurtisNew York Surrogate's Court · 1904
  3. Commonwealth v. SnyderSuperior Court of Pennsylvania · 1936
  4. Government of Virgin Islands v. RodriguezCourt of Appeals for the Third Circuit · 1970
  5. Farley v. HopkinsWashington Supreme Court · 1916

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