In re Braithwaite
New York Surrogate's Court
Administrator’s accounting. Robert Braithwaite, while domiciled at the city of Rochester,'Hew York, made his last will and testament, which was duly executed according to the laws of this State, on December 21, 1869, and thereafter he likewise made a codicil to said will, dated June 19,1873. By these instruments he gave his entire estate in equal shares to his two living children and a grandson, making no mention therein of the person who afterwards became his wife.
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Administrator’s accounting. Robert Braithwaite, while domiciled at the city of Rochester,'Hew York, made his last will and testament, which was duly executed according to the laws of this State, on December 21, 1869, and thereafter he likewise made a codicil to said will, dated June 19,1873. By these instruments he gave his entire estate in equal shares to his two living children and a grandson, making no mention therein of the person who afterwards became his wife. On December 4, 1874, the said Braithwaite married the contestant herein, at Rochester, Hew York, and thereafter removed with her…
1Opinion of the Court
Adlington, Surr.
[After stating the facts as above]. It appears from the proceedings before the two courts above mentioned, that the said will and codicil were duly admitted to probate in both jurisdictions. The time within which to ask for a revocation of such probate has long since passed. . That the will was valid to pass all the testator’s property under the laws of the State of New York, there can be no question. It was also valid as a will of personal property under the laws of Maryland, and entitled thereby to probate as such (Plater v. Groome, 3 Md. 134; Devecmon v. Devecmon, 43 Md.…
2Cases cited9 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Parsons v. . LymanNew York Court of Appeals · 1859
- Despard v. . ChurchillNew York Court of Appeals · 1873
- Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818
- Matter of Accounting of HughesNew York Court of Appeals · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Flatauer v. LoserAppellate Division of the Supreme Court of the State of New York · 1913
- In Re Estate of LaneSupreme Court of Iowa · 1925
- In re the Will of CoburnNew York Surrogate's Court · 1894
- In re the Estate of WitterNew York Surrogate's Court · 1891
- In re the Estate of WhiteNew York Surrogate's Court · 1920
3 more not listed; retrieve them via the Exa API.