Russell v. . Hartt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made September 19, 1879, which affirmed a decree of the surrogate of the county of Ulster, admitting to probate the will of John Russell, ‘‘late of Broompark, Denny Sterlingshire, Scotland, deceased,” as a will of real and personal estate. The will had been previously admitted to probate in Scotland, and was in the custody of the court there.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made September 19, 1879, which affirmed a decree of the surrogate of the county of Ulster, admitting to probate the will of John Russell, ‘‘late of Broompark, Denny Sterlingshire, Scotland, deceased,” as a will of real and personal estate. The will had been previously admitted to probate in Scotland, and was in the custody of the court there. It disposed of real estate situate in Ulster county, and of personal property in this State as well as of real and personal property in…
1Opinion of the CourtFinch, J.
The jurisdiction of the surrogate of Ulster county to take the proof of a will of real and personal estate, executed in Scotland by a citizen of this State temporarily resident in that country, in accordance both with the foreign law and with our own, upon the production of an exemplified copy of the will, the original remaining in the custody of the foreign tribunal, is questioned upon this appeal.
That jurisdiction is first assailed upon the ground of the insufficiency of the petition with which the proceedings for probate began. Janet Russell was a legatee and devisee, and named as…
2Cases cited2 opinions
- Isham v. GibbonsNew York Surrogate's Court · 1849
- Devlin v. Mayor of New YorkNew York Court of Common Pleas · 1873
3Cited by16 opinions
- Knight v. HollingsSupreme Court of New Hampshire · 1906
- In re Cameron's EstateAppellate Division of the Supreme Court of the State of New York · 1900
- In re Proving the Last Will & Testament of HortonAppellate Division of the Supreme Court of the State of New York · 1914
- In re Proving the Last Will & Testament of LawAppellate Division of the Supreme Court of the State of New York · 1903
- In re LawAppellate Division of the Supreme Court of the State of New York · 1903
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