Osburn v. Rochester Trust & Safe Deposit Co.
Appellate Division of the Supreme Court of the State of New York
Motion by the defendants, the Rochester Trust and Safe Deposit Company, as executor, etc., and others, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in- the first instance upon the verdict of a jury in favor of the plaintiff, rendered by direction of the court after a trial at the Monroe Trial Term in October, 1911. The action was brought under section 2653a of the Code of Civil Procedure to set aside the probate of the last…
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Motion by the defendants, the Rochester Trust and Safe Deposit Company, as executor, etc., and others, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in- the first instance upon the verdict of a jury in favor of the plaintiff, rendered by direction of the court after a trial at the Monroe Trial Term in October, 1911. The action was brought under section 2653a of the Code of Civil Procedure to set aside the probate of the last will and testament of Sarah R. Devenport, deceased. The court directed a verdict for the plaintiff at the close of the…
1Opinion of the Court
McLennan, P. J.:
The'plaintiff is one of the next of kin of the deceased. . Sarah R. Devenport, the alleged testatrix, died in Rochester, N. Y., on November 28, 1908. On June 24, 1909, a paper purporting to be her last will and testament was duly probated in the Surrogate’s Court of Monroe county. This will, dated October 6, 1891, after directing the payment of her debts and funeral expenses, bequeathed to her niece, Marión E. Russell, all her household belongings and jewelry. The 3d paragraph bequeathed all the remainder of her property, real, personal and mixed, in equal shares to the…
2Cases cited10 opinions
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Brown v. . ClarkNew York Court of Appeals · 1879
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- Lovell v. . QuitmanNew York Court of Appeals · 1882
- In Re the Probate of the Will of CunnionNew York Court of Appeals · 1911
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3Cited by4 opinions
- Collins v. CollinsOhio Supreme Court · 1924
- In re the Probate of the Last Will & Testament of DanklefsenAppellate Division of the Supreme Court of the State of New York · 1916
- In re the Judicial Settlement of the Account of Proceedings of DavisNew York Surrogate's Court · 1924
- In re the Probate of the Last Will & Testament of DanklefsenNew York Surrogate's Court · 1916