Waterman v. . Whitney
New York Court of Appeals
In July, 1846, the surrogate of Broome county, made an order refusing to admit to probate, the will of Joshua Whitney, late of Binghamton, in said county, who died in April, 1845. The respondents, Waterman and others, appealed from the order of the surrogate to the circuit judge of the sixth circuit; who in 1847 reversed the order, and directed feigned issues to' be made and tried at the next circuit court, to be held in the county of Broome.
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In July, 1846, the surrogate of Broome county, made an order refusing to admit to probate, the will of Joshua Whitney, late of Binghamton, in said county, who died in April, 1845. The respondents, Waterman and others, appealed from the order of the surrogate to the circuit judge of the sixth circuit; who in 1847 reversed the order, and directed feigned issues to' be made and tried at the next circuit court, to be held in the county of Broome. Issues were afterwards settled as follows : 1. Was the instrument propouúded by Thomas Gr. Waterman and others, before J. R. Dickinson, Esq. late…
1Opinion of the CourtSelden, J.
The principal question presented by the bill of exceptions in this case is, as to the admissibility of the declarations of the testator made after the execution of the will.
The subject to which this question belongs is of very considerable interest, and one upon which the decisions are to some extent in conflict. Much of the difficulty, however, has arisen from the omission to distinguish with sufficient clearness, between the different objects for which the declarations of testators may be offered in evidence, in cases involving the validity of their wills. It will tend to elucidate the…
2Cases cited8 opinions
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
- Jackson ex dem. Coe v. KniffenNew York Supreme Court · 1806
- Dickinson v. BarberMassachusetts Supreme Judicial Court · 1812
- Smith v. FennerU.S. Circuit Court for the District of Rhode Island · 1812
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3Cited by83 opinions
- Shepard v. United StatesSupreme Court of the United States · 1933
- In re Estate of McDevittCalifornia Supreme Court · 1892
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Beaubien v. CicotteMichigan Supreme Court · 1864
- In Re the Will of PutnamNew York Court of Appeals · 1931
78 more not listed; retrieve them via the Exa API.