Simmons v. Simmons
New York Supreme Court
THIS was an appeal from the decree of the surrogate of the county of Albany, admitting to probate a paper purporting to be the last will and testament of Peter Simmons, late of the town of Hew Scotland, deceased. The appellants are heirs at law and next of Mn of the deceased, who died possessed of real and personal property amounting in value to $20,000 or $25,000. Peter Simmons left at his death three testamentary papers, all duly executed and disposing of his property.
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THIS was an appeal from the decree of the surrogate of the county of Albany, admitting to probate a paper purporting to be the last will and testament of Peter Simmons, late of the town of Hew Scotland, deceased. The appellants are heirs at law and next of Mn of the deceased, who died possessed of real and personal property amounting in value to $20,000 or $25,000. Peter Simmons left at his death three testamentary papers, all duly executed and disposing of his property. The first was dated September 14th, 1852 ; the second in April, 1855 ; and the third on the 16th day of July, 1855; in each…
1Opinion of the Court
By the Court, Gould, J.
The due execution of what purports to be Peter Simmons’ last will and testament, on the 14th day of July, 1855, is sufficiently proved. On that point the parties before us agree. They also agree that in April 1855, Peter Simmons duly made and executed a last will and testament; which in July, 1855, (soon after the execution of the will first named, and on the same day,) was destroyed by the testator’s direction, but not in his presence; he being in an adjoining room. The contents of this will are not proved. A will duly executed by the same testator, dated September…
2Cases cited4 opinions
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
- Nelson v. McGiffertNew York Court of Chancery · 1848
- James v. MarvinSupreme Court of Connecticut · 1821
- Torry v. BowenNew York Supreme Court · 1853
3Cited by12 opinions
- Pickens v. DavisMassachusetts Supreme Judicial Court · 1883
- Trustees of Auburn Seminary v. . CalhounNew York Court of Appeals · 1862
- Cheever v. NorthMichigan Supreme Court · 1895
- Wollesen v. CarlsonCalifornia Supreme Court · 1925
- Grimball v. PattonSupreme Court of Alabama · 1881
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