Buchanan v. Belsey
Appellate Division of the Supreme Court of the State of New York
Appeal oy the defendant, Kate M. Belsey (formerly Foster), individually and as executrix, etc., of Alexander Buchanan, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of March, 1901, upon the verdict of a jury adjudging that a paper purporting to be the last will of Alexander Buchanan was not his last will, and that the decree of the surrogate admitting said paper to probate…
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Appeal oy the defendant, Kate M. Belsey (formerly Foster), individually and as executrix, etc., of Alexander Buchanan, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of March, 1901, upon the verdict of a jury adjudging that a paper purporting to be the last will of Alexander Buchanan was not his last will, and that the decree of the surrogate admitting said paper to probate is invalid, and also from an order entered in said clerk’s office on the 1st. day of February, 1901, denying said…
1Opinion of the Court
Patterson, J.:
The plaintiff is the widow of Alexander Buchanan, who died at the Post-Graduate Hospital in the city of New York on the 1st day of September, 1896, leaving a last will and testament which, after a contest, was admitted to probate on the 2d day of February, 1899, by the surrogate of the county of New York. In March, 1899, this action was brought under the provisions of section 2653a of the Code of Civil Procedure to procure a judicial determination of the validity of the instrument. The procedure at the trial conformed to the requirements of the Code so far as the order of proof…
2Cases cited4 opinions
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- Gardiner v. GardinerNew York Court of Appeals · 1865
- Burdick v. . FreemanNew York Court of Appeals · 1890
3Cited by23 opinions
- Stevens v. MyersOregon Supreme Court · 1912
- In re the Probate of the Last Will & Testament of BurnhamAppellate Division of the Supreme Court of the State of New York · 1922
- Wade v. NorthupOregon Supreme Court · 1914
- Coleman v. ColemanOregon Supreme Court · 1917
- Wohlford v. WohlfordCourt of Appeals of Virginia · 1917
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