Dodd v. . Anderson
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 12, 1909, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The nature of the action, the question certified, and the facts, so far as material, are stated in the opinion. Plaintiff was under no legal obligation to even offer the paper purporting to be Mr. Anderson’s will for probate.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 12, 1909, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The nature of the action, the question certified, and the facts, so far as material, are stated in the opinion. Plaintiff was under no legal obligation to even offer the paper purporting to be Mr. Anderson’s will for probate. (11 Am. & Eng. Ency. of Law [2d ed.], 753; Matter of Lasak, 57 Hun, 417; Schouler on Executors [3d ed.], 64; Redf. on Surr. [6th ed.]…
1Opinion of the CourtWerner, J.
One William H. Anderson died in February, 1903, leaving a paper purporting to. be liis last will and testament, which was executed in conformity to the statutes relating to wills, and in which he named as his executors Daniel Anderson, a son, residing in California, and this plaintiff, a nephew, residing in this state. The plaintiff offered this instrument for probate in the proper Surrogate’s Court. A contest was made by two of the decedent’s children. After a trial, which extended over a number of days, the surrogate reserved the matter for decision, and finally denied probate upon the…
2Cases cited18 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- O'Brien v. . JacksonNew York Court of Appeals · 1901
- Hartnett v. . WandellNew York Court of Appeals · 1875
- Henderson v. SimmonsSupreme Court of Alabama · 1858
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3Cited by38 opinions
- Logan v. ThomasonTexas Supreme Court · 1947
- McMaster v. GouldNew York Court of Appeals · 1925
- W. T. Huff. v. J. H. Huff, Admstr.Texas Supreme Court · 1939
- In re Estate of SmithSupreme Court of Iowa · 1914
- In Re the Estate of GreatsingerNew York Court of Appeals · 1986
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