Collyer v. . Collyer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 23, 1886, which affirmed a decree of the surrogate of Westchester county, denying an application to admit to probate, as a lost or destroyed will, an instrument alleged to have been executed as her last will by Elizabeth Collyer, deceased. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 23, 1886, which affirmed a decree of the surrogate of Westchester county, denying an application to admit to probate, as a lost or destroyed will, an instrument alleged to have been executed as her last will by Elizabeth Collyer, deceased. The material facts are stated in the opinion. The Surrogate's Court below had jurisdiction to prove the will in question as a lost will. (Code, §§ 1865, 2621.) A will once duly executed can only be revoked in the manner pointed…
1Opinion of the CourtEarl, J.
Elizabeth Collyer died in Westchester county on the 4th day of March, 1883, possessed of a considerable estate. George B. Collyer, claiming that she had made a will devising and bequeathing all her estate to him, and appointing him the sole executor thereof, and alleging that the will had been fraudulently destroyed, instituted this proceeding in the Surrogate’s Court, under section 2621 of the Code, to establish the will. The administrator and next of kin and heirs of the deceased were made parties to the proceeding and they opposed and contested probate of the will.
The petitioner, George B.…
2Cases cited2 opinions
- Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
- Knapp v. . KnappNew York Court of Appeals · 1851
3Cited by70 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Williams v. MilesNebraska Supreme Court · 1903
- In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
- Luis v. MuhrbackOregon Supreme Court · 1907
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