Dupuy v. Wurtz
New York Supreme Court
In this case the will of Martha P. Wurtz was offered for probate, and probate was opposed by heirs of the decedent. The will was admitted to probate. An appeal was taken from the surrogate’s decision and the general term of the supreme court affirmed the same. The contestants again appealed and the court of appeals affirmed both decisions, declaring .the will a valid one and entitled to probate.
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In this case the will of Martha P. Wurtz was offered for probate, and probate was opposed by heirs of the decedent. The will was admitted to probate. An appeal was taken from the surrogate’s decision and the general term of the supreme court affirmed the same. The contestants again appealed and the court of appeals affirmed both decisions, declaring .the will a valid one and entitled to probate. On the question of allowances to counsel for the unsuccessful contestants the opinion of the court of appeals, pronounced by Rapallo, J., and concurred in by all the members of the court, is as…
1Opinion of the CourtDavis, P. J.
This case came into this court by appeal from the decree of the surrogate of the city and' county of Hew York admitting the will in contest to probate. The decree of the surrogate was affirmed by the general term, and on appeal to the court of appeals the judgment of the supreme court was also affirmed (See Dupuy agt. Wurtz, 53 N. Y., 556).
The question of costs was disposed of by the court of appeals by directing that the costs of all the parties in that court and the courts below should be paid out of the estate.
'It appears that on the decision of the case in this court the surrogate allowed…
2Cases cited2 opinions
- Dupuy v. . WurtzNew York Court of Appeals · 1873
- Wolfe v. . Van NostrandNew York Court of Appeals · 1850