Legal Opinion

In re Proving the Last Will & Testament of McGraw

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 12 opinions

Appeal by James McGraw and Joseph McDonald from a decree of the Surrogate’s Court of the county of Niagara, entered'in said Surrogate’s Court on the 23d day of December, 1895, refusing to admit to probate the alleged will of Peter McGraw, late of Niagara Falls, who departed this life on the 13th day of April, 1895. The will was proposed for probate by Joseph McDonald, one of the executors named therein, and the probate was opposed by Margaret Landrigan,. a sister of the…

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Appeal by James McGraw and Joseph McDonald from a decree of the Surrogate’s Court of the county of Niagara, entered'in said Surrogate’s Court on the 23d day of December, 1895, refusing to admit to probate the alleged will of Peter McGraw, late of Niagara Falls, who departed this life on the 13th day of April, 1895. The will was proposed for probate by Joseph McDonald, one of the executors named therein, and the probate was opposed by Margaret Landrigan,. a sister of the deceased.

1Opinion of the Court

Ward, J.:

Peter McGraw, the deceased, resided at the time of his death in the city of Niagara Falls in this State. He was a bachelor, and his heirs at law were James McGraw, a half-brother, and his sister, the respondent. The sister resided in Loókport, Niagara county. The deceased lived with James McGraw, who was a married man residing with his wife at Niagara Falls. The deceased left but little personal property, and, as near as we can judge, about $10,000 in value of real estate. The father of the parties died some time before, leaving a last will and testament, by which he devised his-…

2Cases cited5 opinions

  1. Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
  2. In Re the Revocation of the Last Will & Testament of NelsonNew York Court of Appeals · 1894
  3. In re SouleNew York Surrogate's Court · 1888
  4. Ewen v. PerrineNew York Surrogate's Court · 1881
  5. In re Perego's WillNew York Supreme Court · 1892

3Cited by12 opinions

  1. In re Proving the Last Will & Testament of KingNew York Surrogate's Court · 1915
  2. In re the Probate of the Last Will & Testament of DrakeAppellate Division of the Supreme Court of the State of New York · 1899
  3. In re the Will of DeHartNew York Surrogate's Court · 1910
  4. In re Proving the Last Will & Testament of SternAppellate Division of the Supreme Court of the State of New York · 1932
  5. In re the Probate of the Will of HortonNew York Surrogate's Court · 1960

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