In re Stickney
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestants, Lorenzo Stickney and others, from a decree of the Surrogate’s Court of the county of Genesee, entered in said Surrogate’s Court on the 28th day of October, 1897, admitting to probate an instrument purporting to be the last will and testament of Jonas Stickney, deceased, bearing date the 12tli day of May, 1893. May 12, 1893, Jonas Stickney, of the village of Corfu, N. Y., duly executed his last will and testament, by which he bequeathed 83,000 to…
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Appeal by the contestants, Lorenzo Stickney and others, from a decree of the Surrogate’s Court of the county of Genesee, entered in said Surrogate’s Court on the 28th day of October, 1897, admitting to probate an instrument purporting to be the last will and testament of Jonas Stickney, deceased, bearing date the 12tli day of May, 1893. May 12, 1893, Jonas Stickney, of the village of Corfu, N. Y., duly executed his last will and testament, by which he bequeathed 83,000 to Emma McClurg, not a relative ; §1,000 to Alonzo Stickney, a brother; §1,000 to McCall Stickney, a brother; and the residue…
1Opinion of the Court
Follett, J.:
The question presented by this appeal is whether a will expressly revoked by the terms of a subsequent one, duly executed, but destroyed by the testator, is republished and becomes a valid will by the testator’s declaration to persons not the subscribing witnesses *385to it and who do not subscribe it as witnesses, that he desires the first will to stand as his last will, and that it is his last will.
The diligence of the learned surrogate and of the counsel for the litigants has failed to find a case in this State since the adoption of the Revised Statutes determining this question,…
2Cases cited9 opinions
- Brown v. . ClarkNew York Court of Appeals · 1879
- Lewis v. . LewisNew York Court of Appeals · 1854
- Brinckerhoof v. RemsenNew York Court of Chancery · 1840
- Simmons v. SimmonsNew York Supreme Court · 1857
- Jackson ex dem. Rogers v. PotterNew York Supreme Court · 1812
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re the Probate of the Will of BonnerNew York Court of Appeals · 1966
- In re the Estate of FlynnNew York Surrogate's Court · 1940
- In re the Probate of the Last Will and Testament of WylieAppellate Division of the Supreme Court of the State of New York · 1914
- In re Proving the Last Will & Testament of HaberNew York Surrogate's Court · 1922
- In re the Estate of Ten EyckNew York Surrogate's Court · 1935
5 more not listed; retrieve them via the Exa API.