Legal Opinion

Lyman v. Phillips

New York Surrogate's Court

Decided November 15, 1883PublishedCited by 1 opinion

Application by Mary J. Lyman and another, next of kin of decedent, for a decree revoking the probate of his will; opposed by Mary B. Phillips, executrix thereof. The facts appear sufficiently in the opinion.

1Opinion of the Court

The Surrogate.

This is an application under . § 2647 of the Code of Civil Procedure, on the part of Erasteis B. Phillips and Mary J. Lyman, a brother and sister of Lewis S. Phillips, late of the town of Geddes, in the county of Onondaga, deceased, for the revocation of the probate of his last will and testament.

The testator died January 9th, 1883, leaving a will, of which the following is a copy:

*461“ To whom it may concern:—Considering the uncertainty of life, I hereby make my last will by which I give and bequeathe all my property and effects, both personal and real, to my wife, Mary Bigelow…

2Cases cited8 opinions

  1. Peck v. . CaryNew York Court of Appeals · 1863
  2. Nelson v. McGiffertNew York Court of Chancery · 1848
  3. Hoysradt v. . KingmanNew York Court of Appeals · 1860
  4. Jauncey v. ThorneNew York Court of Chancery · 1846
  5. Willis v. . MottNew York Court of Appeals · 1867

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. In re Potter's WillNew York Surrogate's Court · 1890

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