Legal Opinion

Peck v. . Cary

New York Court of Appeals

Decided June 5, 1863PublishedCited by 91 opinions

Appeal from the Supreme Court. The surrogate of the city and county of New York admitted to probate an instrument purporting to be the last will and testament of Robert L. Peck, who died at New London, in Connecticut, of which State he was an inhabitant, on the 20th of September, 1859. He left a brother of the whole blood, Frederick M. Peck, the present appellant, who contested the probate; and also two half-brothers, Ferdinand E. and Samuel N. Cary, and two half-sisters,…

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Appeal from the Supreme Court. The surrogate of the city and county of New York admitted to probate an instrument purporting to be the last will and testament of Robert L. Peck, who died at New London, in Connecticut, of which State he was an inhabitant, on the 20th of September, 1859. He left a brother of the whole blood, Frederick M. Peck, the present appellant, who contested the probate; and also two half-brothers, Ferdinand E. and Samuel N. Cary, and two half-sisters, Sarah J. Cary and Anna Gr. Cary, the last named being infant children of his mother by a second marriage. By the will,…

1Opinion of the Court

Denio, Ch. J.

The appellant is not conluded or affected by the decision of the probate court in Connecticut. The transmission of the title to real estate situated in this State, either by testament, by conveyance inter vivos, or by intestacy, is regulated by our own laws. Whether the judgments of the court of probate in Connecticut are confined to personalty, or assume to determine upon devises of real property, they have no effect upon the title of real estate here. (Story’s Confl. of Laws, §§ 474, 591; Hosford v. Nichols, 1 Paige, 220, 226.) The rule is different as to personal property, the…

2Cases cited4 opinions

  1. Parsons v. . LymanNew York Court of Appeals · 1859
  2. Orser v. . OrserNew York Court of Appeals · 1861
  3. Nelson v. McGiffertNew York Court of Chancery · 1848
  4. People v. McGeeCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by91 opinions

  1. Wilson v. McConnachieCalifornia Supreme Court · 1897
  2. Gilbert v. . KnoxNew York Court of Appeals · 1873
  3. In Re the Revocation of the Last Will & Testament of NelsonNew York Court of Appeals · 1894
  4. Manatt v. ScottSupreme Court of Iowa · 1898
  5. Bundy v. McKnightIndiana Supreme Court · 1874

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