In re the Probate of the Last Will & Testament of Levengston
Appellate Division of the Supreme Court of the State of New York
Appeal by Harry M. Levengston, Sr., heir at law and next of kin, from a decree of the Surrogate’s Court of the county of Saratoga, entered in the office of the clerk of said court on the 27th day of November, 1912, admitting to probate a paper propounded as the last will and testament of Harry M. Levengston, Jr., deceased, and also, as stated in the notice of appeal, from the decision of the surrogate upon which said decree was entered.
1Opinion of the Court
Lyon, J.:
The instrument offered for probate was as follows:
“The Saratoga Glue, Saratoga Springs, N. Y.
“October 5th, 1911. Last Will and Testament of H. M. Levengston, Jr. It is my desire that all property, whether real or personal, belonging to me, shall go to Miss Caroline M. Finlay at my death.
“H. M. LEVENGSTON, Jr.
“Witnessed by:
“David W. Mabee.
‘ ‘ J ohn A’Hearn. ”
Testator died unmarried, in March, 1912, about five months after the execution of the will. A petition for the probate thereof was presented to the Surrogate’s Court of Saratoga county the following June. Objections to the probate…
2Cases cited5 opinions
- In re the Probate of a Paper Propounded as the Last Will & Testament of AkersAppellate Division of the Supreme Court of the State of New York · 1902
- In Re Probate of the Last Will of BeckettNew York Court of Appeals · 1886
- In re Proving the Last Will & Testament of KeeffeAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Probate of the Last Will & Testament of MarleyAppellate Division of the Supreme Court of the State of New York · 1910
- In Re Proving the Will of KeefeNew York Court of Appeals · 1913
3Cited by10 opinions
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- Montague v. StreetNorth Dakota Supreme Court · 1930
- In re the Estate of ZaiacNew York Surrogate's Court · 1937
- In re a Paper Propounded as the Last Will & Testament of RoeNew York Surrogate's Court · 1913
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