In Re the Probate of the Will of Cunnion
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 30, 1909, which affirmed a decree of the Kings County Surrogate’s Court admitting to probate the will of John Cunnion, deceased. John Cunnion, on September 9, 1907, executed a will. On June 6, 1908, he executed another will.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 30, 1909, which affirmed a decree of the Kings County Surrogate’s Court admitting to probate the will of John Cunnion, deceased. John Cunnion, on September 9, 1907, executed a will. On June 6, 1908, he executed another will. He died on the 16th day of August, 1908. After his death the will of September 9, 1907, was found, but the will of June 6, 1908, could not be found. This proceeding was commenced by a legatee under the will of September 9, 1907, to have the same…
1Opinion of the CourtChase, J.
There was no effort in this proceeding to prove the will of June 6,1908, as a lost will. It is not even claimed before us that the will was inadvertently lost or mislaid, but the contestant seeks to show the contents of that will that she may claim therefrom an express revocation of all former wills or provisions so antagonistic and inconsistent with the former will as to amount to a revocation.
If a will, shown once to have existed and to have been in the testator’s possession, cannot be found after his death, the presumption is that he destroyed it, animo revocandi, but this presumption may…
2Cases cited25 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Blackburn v. CrawfordsSupreme Court of the United States · 1866
- Hurlburt v. . HurlburtNew York Court of Appeals · 1891
- Glover v. PattenSupreme Court of the United States · 1897
20 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Grand Trunk Western R. Co. v. HW Nelson Co.Court of Appeals for the Sixth Circuit · 1941
- Wallace v. . WallaceNew York Court of Appeals · 1915
- Bloodgood v. LynchNew York Court of Appeals · 1944
- In Re the Probate of the Will of StaigerNew York Court of Appeals · 1926
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
51 more not listed; retrieve them via the Exa API.