Burritt v. . Silliman
New York Court of Appeals
Appeal from a judgment of the supreme court, affirming the decree of the surrogate of the county of Rensselaer refusing to admit to probate an instrument purporting to be the last will of Abigail 0. Rankin Clapp, deceased. Mrs. Clapp died in June, 1850, and the instrument propounded as her will was dated in March of that year.
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Appeal from a judgment of the supreme court, affirming the decree of the surrogate of the county of Rensselaer refusing to admit to probate an instrument purporting to be the last will of Abigail 0. Rankin Clapp, deceased. Mrs. Clapp died in June, 1850, and the instrument propounded as her will was dated in March of that year. By its terms she devised and bequeathed to her sister, Mrs. Raney C. Burritt, certain real estate and personal property which weru specified; and the rest and residue of her property, real and personal, she devised and bequeathed to Robert D. Silliman, Samuel Kendrick…
1Opinion of the CourtJohnson, J.
The supreme court was clearly right in the opinion that Monroe, after his renunciation of the executorship of Mrs. Clapp’s will, was not, by reason of his being named executor in the will, incompetent to be a witness. He was not the party propounding the will for probate; and the possibility that he might revoke Ms renunciation did not constitute such a direct and immediate interest in the event of the controversy, as to disqualify him to be a witness. (Robertson v. McGeoch, 11 Paige, 640; Thompson v. Dixon, 3 Addams, 272.)
Monroe was also one of the devisees in trust of the real and personal…
2Cases cited5 opinions
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- Judson v. GibbonsNew York Supreme Court · 1830
- McDonough v. LoughlinNew York Supreme Court · 1855
- Robertson v. McGeochNew York Court of Chancery · 1845
- Reeve v. CrosbyNew York Surrogate's Court · 1877
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- Dunning v. . Ocean National BankNew York Court of Appeals · 1875
- United States v. IrvineSupreme Court of the United States · 1994
- The People v. FlanaginIllinois Supreme Court · 1928
- Peter v. PeterIllinois Supreme Court · 1931
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