Legal Opinion

In re the Application for Probate of Paper Propounded as the Will of Harrold

New York Surrogate's Court

Decided March 15, 1888Published

Application for probate of paper offered as 'will of decedent. The opinion contains all the facts.

1Opinion of the Court

Weller, S.

This case is an extraordinary one. A servant girl’s will is offered for probate by her employers’ family. The will is contested by Mary Banta, decedent’s niece, and her only next of kin and heir at law.

The decedent was a servant of Isaac W. Willets, of North Hempstead, and had been in his service, as a domestic, for nearly twenty-nine years. She came from Ireland about thirty-three years ago, and for the first three years found a home with her sister, a Mrs. Pendergast, the mother of the contestant, Mary Banta; and while she was making her home at her sister’s the contestant was…

2Cases cited5 opinions

  1. In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
  2. Marx v. . McGlynnNew York Court of Appeals · 1882
  3. Tyler v. . GardinerNew York Court of Appeals · 1866
  4. Taylor v. WilburnSupreme Court of Missouri · 1855
  5. Colhoun v. JonesNew York Surrogate's Court · 1870

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