Matter of Hardy
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered . April 30, 1915, which affirmed an order of the New York County Surrogate’s Court vacating a prior order requiring the respondent to show cause why he should not be required to produce the will of James B. Hammond, deceased, dated December 20, 1912. 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 . April 30, 1915, which affirmed an order of the New York County Surrogate’s Court vacating a prior order requiring the respondent to show cause why he should not be required to produce the will of James B. Hammond, deceased, dated December 20, 1912. The facts, so far as material, are stated in the opinion. The appellant is entitled, as a matter of law, to a hearing before the surrogate on the question of fact as to the existence of the later will. (Code Civ. Pro. § 2607; Matter of…
1Opinion of the CourtChase, J.
One Hammond died January 27, 1913. He left a will dated August 30, 1912, which has been admitted to probate. By such will he gave all of his property, amounting to more than $600,000, either absolutely or in trust, to the Metropolitan Museum of Art. He did not leave a widow, descendant or parent him surviving. His heirs at law and next of kin are brothers and sisters and the children of a deceased sister. There was at the time of the probate of said will “Talk about the decedent having left another will,” but the alleged existence of another and subsequent will was denied.
On the 9th of May,…
2Cases cited4 opinions
- Matter of Attorney-GeneralNew York Court of Appeals · 1898
- In re the Estate of WorkAppellate Division of the Supreme Court of the State of New York · 1912
- Matter of Mohawk Overall Co.New York Court of Appeals · 1914
- Williams v. Conover, New York County Courts1911
3Cited by14 opinions
- Brissie v. CraigSupreme Court of North Carolina · 1950
- Young v. TudorMassachusetts Supreme Judicial Court · 1948
- In re the Estate of YungAppellate Division of the Supreme Court of the State of New York · 1926
- Chandler v. FisherIllinois Supreme Court · 1918
- In re the Compromise of Controversies Arising Between Interested in the Estate of BemisNew York Surrogate's Court · 1921
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