Johnson v. Hicks
New York Supreme Court
Ah instrument purporting to be the last will and testament of Mason Hicks, deceased, was presented by the appellants, the devisees, and legatees, therein named, to the acting surrogate of Niagara county for probate. The same was contested by the respondents, the heirs-at-law and next of kin of the deceased.
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Ah instrument purporting to be the last will and testament of Mason Hicks, deceased, was presented by the appellants, the devisees, and legatees, therein named, to the acting surrogate of Niagara county for probate. The same was contested by the respondents, the heirs-at-law and next of kin of the deceased. The surrogate refused to admit the will to probate, on the grounds that the deceased never executed it; that his signature had been forged; and that the signature of A. T. Richardson, one of the witnesses, had also been forged. Richardson was dead at the time the will was offered. Philip…
1Opinion of the Court
Present — Marvin, Lamont and Barker, JJ.
By the Court.
Barker, J.
Before investigating . the several exceptions contained in the case, an important question is to be considered and determined, as to the nature and character of the proceedings before the court, and the rules and practice, that are to guide and govern in the disposition of the same.
On the part of the appellant, it is insisted, that the questions presented by the exceptions to the rulings of the court on the trial, shall be regarded the same as if they arose in an action at law.
On the part of the respondents it is claimed, that the…
2Cases cited8 opinions
- Coffin v. . CoffinNew York Court of Appeals · 1861
- Schenck v. . DartNew York Court of Appeals · 1860
- Devin v. . PatchinNew York Court of Appeals · 1863
- Hunter v. HunterNew York Supreme Court · 1855
- Jackson ex dem. Brown v. BettsNew York Supreme Court · 1826
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Miles v. . LoomisNew York Court of Appeals · 1878
- Benedict v. SliterNew York Supreme Court · 1894
- Barton v. ScramlingNew York Supreme Court · 1884
- Howell v. HowellNew York Supreme Court · 1883
- In re Estate of Godsil, Superior Court of California, County of San Francisco1895
2 more not listed; retrieve them via the Exa API.