In re the Probate of a Paper Writing Purporting to be the Last Will & Testament of MacDowell
Appellate Division of the Supreme Court of the State of New York
Appeal by Jessie M. Gibson, contestant, from so much of a decree of the Surrogate’s Court of the county of Westchester, entered in the office of said Surrogate’s Court on the 27th day of July, 1914, as admits a certain paper to probate as the last will and testament of Annie Coe MacDowell, deceased.
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Appeal by Jessie M. Gibson, contestant, from so much of a decree of the Surrogate’s Court of the county of Westchester, entered in the office of said Surrogate’s Court on the 27th day of July, 1914, as admits a certain paper to probate as the last will and testament of Annie Coe MacDowell, deceased. Appeal by Westchester Trust Company, as executor, and another, from part of a decree of the Surrogate’s Court of the county of Westchester, entered in the office of said Surrogate’s Court on the 26th day of March, 1915, as decrees that a certain trust created by the said will is invalid. By the…
1Opinion of the Court
Putnam, J.:
The appeal from the decree admitted to probate was taken by the contestant, the sister of the decedent; and the executor named in the will and the Attorney-General have both appealed from the surrogate’s other decree, construing the will and declaring the alleged trust invalid.
*248Decedent died January 20, 1914, leaving an estate of about $63,000. She executed, on July 5, 1904, the paper writing which has been admitted as her last will.
On appeal from the decree admitting the will to probate the appellant, the sister of the testatrix, first contends here that the writing was not signed…
2Cases cited3 opinions
- In Re the Probate of the Will ShattuckNew York Court of Appeals · 1908
- Younger v. . DuffieNew York Court of Appeals · 1884
- In re the Probate of a Paper Writing Purporting to be the Last Will & Testament of MacDowellNew York Surrogate's Court · 1915
3Cited by1 opinion
- In re Howard Beach Appeal Fund, Inc.New York Supreme Court · 1988