Sheridan v. Houghton
New York Supreme Court
Appeal by plaintiff from a decree of the surrogate of New York county. This was an application for the probate of a paper which was not produced.
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Appeal by plaintiff from a decree of the surrogate of New York county. This was an application for the probate of a paper which was not produced. The proceeding was brought upon the petition of Julia R Houghton, which alleged that the decedent, David S. Jackson, died in the city of New York, in January, 1872 ; and that prior to his death he made a will, which was in existence and in full force, unrevoked, at the time of his death, which, after his funeral, was read in the presence of the children of the testator, by Rev. T. M. C. Peters, and was then handed to the eldest son, David S.…
1Opinion of the Court
By the Court.*
The execution of the will of the alleged testator was sufficiently shown. It was clearly shown also that the will existed at the time of the testator’s decease ; that it was found in his office, and read in the presence of his family, and then delivered to one of his sons, David S. Jackson, Jr. It had never been presented for probate, nor was any account given of the disposition made of it by David S. Jackson, Jr., who was shown to be deceased. There can be little doubt, therefore, that the will was surreptitiously disposed of by some party interested in so doing. It is very…
2Cited by9 opinions
- Jones v. CaslerIndiana Supreme Court · 1894
- Kern v. KernIndiana Supreme Court · 1900
- In re the Estate of BreckwoldtNew York Surrogate's Court · 1939
- In re the Probate of the Will of WaldronNew York Surrogate's Court · 1897
- McNally v. BrownNew York Surrogate's Court · 1882
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