Proctor v. Clarke
New York Surrogate's Court
The testatrix, being unmarried, made and executed her will in due form, August 25th, 1873. On July 12th, 1875, she executed a codicil to the same. October 19th, 1876, she married. December 17th, 1876, she executed another codicil, and on the 1st day of October, 1877, died, leaving her surviving as her only heir-at-law and next-of-kin Warren E. Clarke, her brother, and. Truman A. Proctor, her husband.
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The testatrix, being unmarried, made and executed her will in due form, August 25th, 1873. On July 12th, 1875, she executed a codicil to the same. October 19th, 1876, she married. December 17th, 1876, she executed another codicil, and on the 1st day of October, 1877, died, leaving her surviving as her only heir-at-law and next-of-kin Warren E. Clarke, her brother, and. Truman A. Proctor, her husband. The probate of the will was contested on the grounds that it was not the will of the deceased; that it was not executed according to the formalities required by law; that the testatrix was…
1Opinion of the Court
The Surrogate.
It is plain from the evidence that the will of August 25th, 1-873, was duly executed at the time it bears date; that the testatrix was competent in all respects to make a will; that the property amounted to about $150,000, and came to her from the estate of her father, George H. Clarke, and is mostly disposed of for charities, largely of an indefinite character. Nothing is given to the children of her husband or of her brother, although before her death she expressed her intention to give to both. And, although the will is in the handwriting of George E. Clarke, and he was…
2Cases cited4 opinions
- Gardiner v. GardinerNew York Court of Appeals · 1865
- Lewis v. . LewisNew York Court of Appeals · 1854
- Brinckerhoof v. RemsenNew York Court of Chancery · 1840
- People Ex Rel. Bowen v. . JonesNew York Court of Appeals · 1875
3Cited by3 opinions
- In Re Estate of PlumelCalifornia Supreme Court · 1907
- In re StickneyAppellate Division of the Supreme Court of the State of New York · 1898
- Estate of CazaurangCalifornia Court of Appeal · 1941