Hubbard v. Hubbard
New York Supreme Court
This was an appeal to the supreme court, at general term, from the decision made by Justice McCoun, at the special term • held in Suffolk county, in September, 1850, whereby he reversed, for error in law, the decision of the surrogate of Suffolk county, made the 18th of September, 1849, upon the application of the appellant, admitting to probate the alledged nuncupative will of her husband, William L. Hubbard, of Greenport, Long Island, and granting to her letters of…
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This was an appeal to the supreme court, at general term, from the decision made by Justice McCoun, at the special term • held in Suffolk county, in September, 1850, whereby he reversed, for error in law, the decision of the surrogate of Suffolk county, made the 18th of September, 1849, upon the application of the appellant, admitting to probate the alledged nuncupative will of her husband, William L. Hubbard, of Greenport, Long Island, and granting to her letters of administration therewith. On the hearing before the surrogate it appeared, from the testimony of four witnesses, that the…
1Opinion of the Court
By the Court,
Brown, J.
The only question in this cause is upon the validity of the unwritten will of William L. Hubbard, referred to in the proceedings. The decree of the surrogate of the county of Suffolk, adjudged the will to be genuine and valid, admitted it to probate, and directed that letters of administration, with such will annexed, should issue to the appellant, Maria J. Hubbard. From this decree, the respondent, Elias Hubbard, appealed to the special term, where the decree of the surrogate was reversed for error of law, and the cause is now before the general term, upon appeal from…
2Cases cited1 opinion
- Prince v. HazletonCourt for the Trial of Impeachments and Correction of Errors · 1822
3Cited by6 opinions
- Ga Nun v. PalmerAppellate Division of the Supreme Court of the State of New York · 1913
- Botsford v. KrakeNew York Surrogate's Court · 1866
- Ga Nun v. PalmerNew York Supreme Court · 1913
- Hubbard v. HubbardNew York Court of Appeals · 1853
- Seever v. SeeverOhio Circuit Courts · 1887
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