Legal Opinion

In re the Probate of the Alleged Codicil of the Last Will & Testament of Bossom

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

Decided February 28, 1921PublishedCited by 7 opinions

Appeal by Rosetta Kimball, individually and as executrix, etc., and another, from a decree of the Surrogate’s Court of the county of Broome, entered in the office of said surrogate on the 2d day of July, 1920, denying probate to a codicil made by John Bossom, deceased, to his last will and testament, after a trial by a jury of controverted questions of fact raised by objections to the probate of said codicil, and also from an order entered in said surrogate’s office on the…

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Appeal by Rosetta Kimball, individually and as executrix, etc., and another, from a decree of the Surrogate’s Court of the county of Broome, entered in the office of said surrogate on the 2d day of July, 1920, denying probate to a codicil made by John Bossom, deceased, to his last will and testament, after a trial by a jury of controverted questions of fact raised by objections to the probate of said codicil, and also from an order entered in said surrogate’s office on the same day denying proponent’s motion to set aside the verdict and for a new trial made upon the minutes.

1Opinion of the Court

Kiley, J.:

John Bossom, a resident of Binghamton, Broome county, 1ST. Y., on the 6th day of March, 1902, made hi's will; at that time his family consisted of his wife, Catherine Bossom, to whom he left the use of his property, real and personal, during the term of her natural life; a son, Adam, $5; a son, John Bossom, $500. He then provided that the balance of his property should be divided into four equal shares, and the terms of its disposition was provided in said will as follows: One of said equal shares to his said son John; one to his daughter, Rosetta Kimball; one to a grandson, Henry…

2Cases cited19 opinions

  1. Delafield v. . ParishNew York Court of Appeals · 1862
  2. Clapp v. . FullertonNew York Court of Appeals · 1866
  3. Becker v. . KochNew York Court of Appeals · 1887
  4. In Re the Probate of the Will of KindbergNew York Court of Appeals · 1912
  5. Horn v. . PullmanNew York Court of Appeals · 1878

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3Cited by7 opinions

  1. In re the Probate of the Will of CoddingtonAppellate Division of the Supreme Court of the State of New York · 1952
  2. In re the Estate of AndriolaNew York Surrogate's Court · 1936
  3. In re the Estate of ACNNew York Surrogate's Court · 1986
  4. In re the Probate of the Will of ErnstNew York Surrogate's Court · 1949
  5. In re the Estate of GoldbergNew York Surrogate's Court · 1992

2 more not listed; retrieve them via the Exa API.

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