Jackson v. . Jackson
New York Court of Appeals
Appeal from judgment of Supreme Court in General Term (first district), affirming decree of surrogate, admitting to probate the will of Moses W. S. Jackson, and establishing it as a will of real and personal estate. The testator for some twelve years prior to his decease, and at the time of his death, resided in New Jersey, where he died.
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Appeal from judgment of Supreme Court in General Term (first district), affirming decree of surrogate, admitting to probate the will of Moses W. S. Jackson, and establishing it as a will of real and personal estate. The testator for some twelve years prior to his decease, and at the time of his death, resided in New Jersey, where he died. On the morning of the day on which he died, he sent for Mr. Miller, a justice of the peace, residing in the neighbor liood, and instructed him to prepare his will; and the instrument established as his will was then prepared and executed. Therein the…
1Opinion of the CourtWoodruff, J.
The due execution and validity of a will devising real estate, situated in this State, are open to inquiry here, notwithstanding the probate in Hew Jersey, where the testator resided. The appellant insists that the judgment herein should be reversed on two grounds: first, that the instrument admitted to probate as a will was not legally executed, either by the laws of Hew York or Hew Jersey; second, that the testator was not of sound mind and memory at the time of the alleged execution; and, in this connection, the appellant insists that a presumption is warranted that the will was executed…
2Cases cited6 opinions
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Chaffee v. Baptist Missionary ConventionNew York Court of Chancery · 1843
- Jackson v. Van DusenNew York Supreme Court · 1809
- Jackson ex dem. Bowman v. ChristmanNew York Supreme Court · 1830
- Lewis v. LewisNew York Supreme Court · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- In Re the Probate of the Will of HopkinsNew York Court of Appeals · 1902
- In re SpencerCalifornia Supreme Court · 1892
- McIntosh v. MooreCourt of Appeals of Texas · 1899
- Patterson v. LambCourt of Appeals of Texas · 1899
79 more not listed; retrieve them via the Exa API.