Legal Opinion

In Re the Probate of the Will of Budlong

New York Court of Appeals

Decided June 2, 1891PublishedCited by 28 opinions

Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made ¡November 4, 1889, which affirmed a judgment refusing to admit to probate the will of Milton Budlong, deceased, entered upon a verdict, and also from an order of said General Term, made August 12, 1887, which reversed the decree of the surrogate of Monroe county, admitting to probate said (vill and granting a new trial, and from an order of said court…

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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made ¡November 4, 1889, which affirmed a judgment refusing to admit to probate the will of Milton Budlong, deceased, entered upon a verdict, and also from an order of said General Term, made August 12, 1887, which reversed the decree of the surrogate of Monroe county, admitting to probate said (vill and granting a new trial, and from an order of said court made February 28, 1889, which denied a motion for a new trial on the minutes, and from another order of said court made…

1Opinion of the CourtO’Brien, J.

Hilton Budlong died on the 20th day of April,, 1880, having made a will on the 4th of January previous, in which he disposed of his real and personal estate, amounting to considerable over §50,000. The validity of this will was the sole question involved in these proceedings. He left a widow, three sons and three daughters surviving, who were the natural objects of his bounty in the distribution of his estate. The will provided for the comfortable support of the widow, according to her station in life, which support was in lieu of dower, and made a charge upon the real estate. To one of the…

2Cases cited3 opinions

  1. Tyler v. . GardinerNew York Court of Appeals · 1866
  2. Sutton v. . RayNew York Court of Appeals · 1878
  3. In re BudlongNew York Supreme Court · 1889

3Cited by28 opinions

  1. In Re Estate of HooverIllinois Supreme Court · 1993
  2. Ginter v. GinterSupreme Court of Kansas · 1909
  3. Meier v. BuchterSupreme Court of Missouri · 1906
  4. Blackman v. EdsallColorado Court of Appeals · 1902
  5. In re BurkeAppellate Division of the Supreme Court of the State of New York · 1981

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