Marvin v. Marvin
New York Court of Appeals
Le Grand Marvin, a son of Sarah L. Marvin, deceased, propounded his mother’s -will for probate in the surrogate’s court of Erie county. George L. Marvin, the only other child, and heir of the deceased, opposed the probate. The testatrix was a woman of over eighty-one years of age. The will in question was drawn by Le Grand, and gave substantially all her personal property to Le Grand, and disinherited George.
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Le Grand Marvin, a son of Sarah L. Marvin, deceased, propounded his mother’s -will for probate in the surrogate’s court of Erie county. George L. Marvin, the only other child, and heir of the deceased, opposed the probate. The testatrix was a woman of over eighty-one years of age. The will in question was drawn by Le Grand, and gave substantially all her personal property to Le Grand, and disinherited George. There had been a dissension between the brothers, and the probate was opposed chiefly on the ground of undue influence. The surrogate held that the will was valid, and the testatrix was…
1Opinion of the Court
By the Court.
Woodruff, J.
The argument of this appeal has taken a very wide range, and has, I think, proceeded to some extent upon a misapprehension on the part of the appellant. His notice of appeal, as well as his argument here, seeks to bring under review the decision of the supreme court, by which the decree of the surrogate was reversed and an issue was awarded; and the opinions delivered when that order was made, have been the subject of extended review. It is clear, that we have no jurisdiction to review that decision, and, therefore, were it to our minds clear, that, upon the evidence…
2Cases cited5 opinions
- Tyler v. . GardinerNew York Court of Appeals · 1866
- Schenck v. . DartNew York Court of Appeals · 1860
- Marsh v. New-York & Erie RailroadNew York Supreme Court · 1852
- Talbot v. . TalbotNew York Court of Appeals · 1861
- Watts v. AikinNew York Supreme Court · 1850
3Cited by9 opinions
- Chambers v. ChambersAppellate Division of the Supreme Court of the State of New York · 1901
- Fagan v. DuganNew York Surrogate's Court · 1876
- Potter v. McAlpineNew York Surrogate's Court · 1885
- Ledwith v. ClaffeyAppellate Division of the Supreme Court of the State of New York · 1897
- Van Kleeck v. PhippsNew York Surrogate's Court · 1879
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