Legal Opinion

In re Webb's Will

New York Supreme Court

Decided May 13, 1895PublishedCited by 8 opinions

Appeal from surrogate’s court, Kings county. Petition by William H. Janes to revoke the probate of certain clauses of the last will and testament of Eckford Webb, deceased. The petition was dismissed, and petitioner appeals.

1Opinion of the CourtCullen, J.

This is an appeal from a decree of the surrogate of Kings county denying the petition of the appellant to revoke the probate of certain clauses of the will of the testator in favor of the respondent, on the ground that they were procured by fraud and deceit practiced by the respondent in personating herself as a single woman, while asi a matter of fact she was married. We have no doubt that this proceeding will lie, and that the petitioner, as legatee under the residuary clause, has sufficient interest to maintain the proceeding. At the close of the petitioner’s case, without calling on the…

2Cases cited1 opinion

  1. In Re the Probate of the Last Will of MondorfNew York Court of Appeals · 1888

3Cited by8 opinions

  1. In re Proving the Last Will & Testament of MeyerNew York Surrogate's Court · 1911
  2. In re MaguireNew York Surrogate's Court · 1918
  3. In re Proving the Last Will & Testament of FoleyNew York Surrogate's Court · 1912
  4. Knox v. PerkinsSupreme Court of New Hampshire · 1932
  5. In re the Probate of the Will of CrokerNew York Surrogate's Court · 1951

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