In Re the Probate of the Last Will & Testament of Diez
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming a decree of the surrogate of the county of New York, admitting to probate the will of Frederick Diez. The testator was a naturalized citizen of this State, domiciled in the city of New York.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming a decree of the surrogate of the county of New York, admitting to probate the will of Frederick Diez. The testator was a naturalized citizen of this State, domiciled in the city of New York. In May, 1868, he went to Germany and died at Sonthofen, Bavaria, November 1, 1868. Previous to his death the following instrument was executed: “Matrimonial and also Testamentary Agreement. “ G. 3L N., 898.—This day, Sunday, November 1st, 1868 (one thousand eight hundred and sixty-eight), at eleven a.…
1Opinion of the CourtBapallo, J.
The order made at Special Term, November 19, 1869, and afterwards affirmed at General Term, adjudg ing that the instrument then offered for probate was not the will of Federick Diez, was not a bar to the present proceeding, or conclusive upon the claim now made.
The instrument now propounded is not the same which was then rejected. That was an exemplified copy merely, and was rejected on the ground that the case was not brought within the statute, which allows exemplified copies' of foreign wills to be admitted to probate. The present application is not made under that statute, but the…
2Cases cited2 opinions
- Lewis v. ScofieldSupreme Court of Connecticut · 1857
- Ex parte DayNew York Surrogate's Court · 1851
3Cited by45 opinions
- Rastetter v. . HoenningerNew York Court of Appeals · 1915
- In Re the Estates of CovertNew York Court of Appeals · 2001
- Baker v. SyfrittSupreme Court of Iowa · 1910
- Gilman v. . McArdleNew York Court of Appeals · 1885
- Spencer v. RobbinsIndiana Supreme Court · 1886
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