In Re the Probate of the Will of Connell
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1916, which affirmed a decree of the New York County Surrogate’s Court dismissing a petition for probate of the will of Elizabeth Connell, deceased, and also a petition to revoke a decree granting ancillary letters of administration upon her estate. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1916, which affirmed a decree of the New York County Surrogate’s Court dismissing a petition for probate of the will of Elizabeth Connell, deceased, and also a petition to revoke a decree granting ancillary letters of administration upon her estate. The facts, so far as material, are stated in the opinion. The Surrogates’ Courts of this State have jurisdiction to admit to probate after the examination of witnesses the wills of non-residents upon taking original proof…
1Opinion of the CourtAndrews, J.
Elizabeth Connell died in the province of Quebec in 1910, leaving a paper said to be her last will and testament. She had some $13,000 in personal property, practically all of which was in New York city.
On November 2, 1910, upon the petition of the Farmers’ Loan and Trust Company, a decree containing proper recitals was made by the surrogate of New York county, recording such will and issuing, ancillary letters to the petitioner. This was done upon the theory that the will had been admitted to probate in the foreign country where it was executed and where the testatrix resided at the time of…
2Cases cited7 opinions
- In Re the Estate of GreenNew York Court of Appeals · 1897
- In Re Proving the Will of HortonNew York Court of Appeals · 1916
- Taylor v. . SymeNew York Court of Appeals · 1900
- Baldwin v. . RiceNew York Court of Appeals · 1905
- In re LawAppellate Division of the Supreme Court of the State of New York · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- In re the Estate of McCulloughNew York Surrogate's Court · 1926
- In re the Estate of CurtissNew York Surrogate's Court · 1931
- In re the Estate of SladeNew York Surrogate's Court · 1935
- In Re the Estate of CornellNew York Court of Appeals · 1935
- Simpson v. AndersonIllinois Supreme Court · 1922
24 more not listed; retrieve them via the Exa API.