Ames v. . Duryea
New York Court of Appeals
This was an appeal from a judgment of General Term, affirming a decree of the surrogate of Chautauqua county admitting to probate the will of Emma L. Ames, wife of appellant. In 1862 the appellant, then about nineteen years old, was appointed a second lieutenant in the army from the State of Indiana. At the time of his appointment he was in Baltimore.
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This was an appeal from a judgment of General Term, affirming a decree of the surrogate of Chautauqua county admitting to probate the will of Emma L. Ames, wife of appellant. In 1862 the appellant, then about nineteen years old, was appointed a second lieutenant in the army from the State of Indiana. At the time of his appointment he was in Baltimore. His father kept house in Indianapolis up to 1863 (how long prior does not appear). He then went to Baltimore and thereafter to Salt Lake City. In 1867 appellant married the testatrix at Gainsville, Florida. Her residence was in Hew York city…
1Opinion of the Court
EARL, C., reads for affirmance; LOTT, Ch. C., and REYNOLDS, C., concur.
DWIGHT, C., reads for reversal. GRAY, C., does not concur with EARL.
Judgment affirmed.
2Cited by1 opinion
- In re the Will of DukeNew York Surrogate's Court · 1943