In re Gaines' Will
New York Supreme Court
Appeal from surrogate’s court, Kings county. Application for the probate of the will of Myra Olark Gaines, deceased. Probate was denied, and proponents, Julietta Perkins and Marie P. Evans, appeal.
1Opinion of the CourtCullen, J.
This is an appeal from a decree of the surrogate of Kings county rejecting an alleged will of the deceased bearing date January 8, 1885, and admitting to probate a will of the deceased bearing date January 5, 1885. The appeal is taken by Julietta Perkins and Marie P. Evans. The appellants are not next of kin or heirs at law of the testator, but their sole rights accrue as legatees and devisees under the rejected will. Therefore, if the will of January 8, 1885, was properly rejected, the appellants have no standing to complain of the probate of the prior will of January 5,1885; and the •only…
2Cases cited6 opinions
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Gardiner v. GardinerNew York Court of Appeals · 1865
- Durant v. . AbendrothNew York Court of Appeals · 1884
- Byrnes v. . N.Y., L.E. W.R R. Co.New York Court of Appeals · 1889
- Burger v. . BurgerNew York Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re LawAppellate Division of the Supreme Court of the State of New York · 1900
- Werner v. WheelerAppellate Division of the Supreme Court of the State of New York · 1911
- Higgins v. EatonU.S. Circuit Court for the District of Northern New York · 1911
- In re Law's WillAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Estate of SandsNew York Surrogate's Court · 1909
6 more not listed; retrieve them via the Exa API.