Gardiner v. Gardiner

The respondent, William 0. Gardiner, propounded for probate to the surrogate of Livingston county the will of his mother, Jane Gardiner, bearing date January 19, 1859, and a codicil thereto, dated April 6, 1861. She died on the 20th of October, 1861. The surrogate admitted the will to probate, and, on appeal, his decree or judgment was affirmed by the Supreme Court. The appellant, the contestant before the surrogate and the son of the testatrix, now appeals to this court. The appellant and the respondent, William 0. Gardiner, were the only children of Samuel and Jane Gardiner, and had both…