Legal Opinion

In re the Probate of the Last Will and Testament of Wylie

Appellate Division of the Supreme Court of the State of New York

Decided January 7, 1914PublishedCited by 8 opinions

Appeal by the proponent, Harvey F. Beardsley, from a decree of the Surrogate’s Court of the county of Chenango, entered in the office of said surrogate on the 14th day of June, 6 1913, denying probate to an instrument purporting to be the last will and testament of Floyd Wylie, deceased.

1Opinion of the Court

Decree affirmed, with costs against the proponent, upon the opinion of Stratton, Surrogate.

All concurred, except Lyon, J., not voting.

The following is the opinion of the surrogate:

Stratton, S.:

On August 14, 1877, Floyd Wylie, who had then been recently bereaved of his wife, made his will, signed it in the *575presence of Bertha Beardsley, now Bertha Watrous, then a young woman about eighteen years of age, and Clara Beardsley, now Clara Fisher, apparently younger than the other witness, who were the subscribing witnesses to the will. These witnesses were the daughters of Dr. Harvey F. Beardsley,…

2Cases cited13 opinions

  1. In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
  2. Remsen v. BrinckerhoffNew York Supreme Court · 1841
  3. In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
  4. Gilbert v. . KnoxNew York Court of Appeals · 1873
  5. In Re the Revocation of the Last Will & Testament of NelsonNew York Court of Appeals · 1894

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3Cited by8 opinions

  1. In re the Estate of GreenbergNew York Surrogate's Court · 1931
  2. Collins v. CollinsOhio Supreme Court · 1924
  3. In re the Estate of Ten EyckNew York Surrogate's Court · 1935
  4. In re the Probate of the Will of AndrewsNew York Surrogate's Court · 1949
  5. In re the Estate of De CosterNew York Surrogate's Court · 1934

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