In re the application for the probate of the will of Baby
New York Surrogate's Court
Application for the probate of a will. The will upon its presentation for probate was contested by Albert F. Baby, a brother of decedent, upon the ground that a subsequent will which had already" been admitted to probate revoked the former one.
1Opinion of the Court
The Surrogate.
The facts upon which this application is made are set forth in the petition and answer, and have been agreed to formally by the parties as follows:
On May 23, 1870, Francis R. Baby made and executed a will, in which he devised his dwelling-house, No. 203 West Fourteenth street, in the city of New York, to his wife, Hilda S. Baby, and also made the following provision concerning the same : “ If at my decease there shall be any unpaid taxes, assessments, mortgages or other incumbrances upon or against said property, it is my will and I direct that the same . be paid and discharged…
2Cases cited5 opinions
- McNaughton v. . McNaughtonNew York Court of Appeals · 1866
- Adams v. WinneNew York Court of Chancery · 1838
- Barstow v. GoodwinNew York Surrogate's Court · 1853
- Vandemark v. VandemarkNew York Supreme Court · 1857
- In re the estate of DowdNew York Surrogate's Court · 1879