Brown v. . Clark
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a decree of the surrogate of the county of Monroe, which denied probate to an instrument presented to him as the last will and testament of Mary J. Clark Proctor, deceased. (Reported below, 16 Hun, 559.) The instrument in question was executed by the deceased, then Mary J. Clark, on August 25, 1873. She subsequently married Mr. Proctor.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a decree of the surrogate of the county of Monroe, which denied probate to an instrument presented to him as the last will and testament of Mary J. Clark Proctor, deceased. (Reported below, 16 Hun, 559.) The instrument in question was executed by the deceased, then Mary J. Clark, on August 25, 1873. She subsequently married Mr. Proctor. After her marriage, and on December 7, 1876, she executed a codicil. She died October 1, 1877. The material facts in reference to the execution of the will…
1Opinion of the CourtAndrews, J.
The evidence justifies the conclusion of the surrogate that there was a due execution of the will of August 25, 1873. The will was drawn by Mr. Clark, who was. a lawyer by profession, and was executed by the testatrix under his supervision. She was his adopted daughter, and sole legatee under his will. When her will was executed she had little if any "property of her own, and her will was made to provide for the disposition' of the estate which she would receive under the will of Mr. Clark in the event of her surviving him. In substance the two wills constituted a scheme for the disposal of…
2Cases cited4 opinions
- Hoysradt v. . KingmanNew York Court of Appeals · 1860
- Matter of Will of John KellumNew York Court of Appeals · 1873
- Brinckerhoof v. RemsenNew York Court of Chancery · 1840
- Jackson ex dem. Howard v. HollowayNew York Supreme Court · 1811
3Cited by94 opinions
- People Ex Rel. Carter v. . RiceNew York Court of Appeals · 1892
- In Re Estate of PlumelCalifornia Supreme Court · 1907
- In re the Estate of CollinsNew York Court of Appeals · 1983
- In re Estate of SoherCalifornia Supreme Court · 1889
- Gillis v. GillisSupreme Court of Georgia · 1895
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