In re Proving the Last Will & Testament of Law
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, William W. Law, and others, from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 9th day of October, 1902, dismissing the proceeding for the probate of the will of John S. Law, deceased. John S. Law died on the 25th day of August, 1893, at Oreenwich, in the State of Connecticut, leaving a last will and testament, which related to both real and personal property.
Read the full summary
Appeal by the petitioner, William W. Law, and others, from a decree of the Surrogate’s Court of the county of New York, entered in said Surrogate’s Court on the 9th day of October, 1902, dismissing the proceeding for the probate of the will of John S. Law, deceased. John S. Law died on the 25th day of August, 1893, at Oreenwich, in the State of Connecticut, leaving a last will and testament, which related to both real and personal property. After the decease of the testator, his widow presented a petition for the probate of his will to the Probate Court in the State of Connecticut, where the…
1Opinion of the Court
Hatch, J.:
It is not essential to a disposition of this case that we follow the argument of the learned counsel- for the appellant in his discussion of the probate jurisdiction conferred upon the surrogate by the several provisions of the Code of Civil Procedure, or of the authorities bearing thereon both before and since their enactment. Ho useful purpose would be served by so doing. The question as to whether the will of an inhabitant of this State, made and executed herein, can be admitted to probate by the surrogate without the production of the will itself is settled by decisive…
2Cases cited2 opinions
- Younger v. . DuffieNew York Court of Appeals · 1884
- Russell v. . HarttNew York Court of Appeals · 1881
3Cited by4 opinions
- In re the Estate of CanfieldNew York Surrogate's Court · 1937
- In re WestonNew York Surrogate's Court · 1908
- In re the Estate of FrenchNew York Surrogate's Court · 1952
- Thorburn v. GatesDistrict Court, S.D. New York · 1916