Legal Opinion

McNally v. Brown

New York Surrogate's Court

Decided March 15, 1882PublishedCited by 6 opinions

Application by Robert Brown, a son of decedent, for the probate of a will claimed to have been lost or destroyed since the latter’s death; opposed by Emma McNally, a daughter of decedent, and another. The facts appear sufficiently in the opinion.

1Opinion of the Court

The Surrogate.

Under the Code, this court has authority to admit to probate a lost or destroyed will which was in existence at the time of the testator’s death, or was fraudulently destroyed in his life-time ; but it is indispensable that the provisions of such will should be clearly and distinctly proved by at least two credible witnesses, a correct copy or draft being equivalent to one witness (Code, §§ 2621, 1865).

It appears that the will was in existence at the time of the death of the testator; but there is no evidence that it has been lost or destroyed, which is a material fact to be…

2Cases cited1 opinion

  1. Sheridan v. HoughtonNew York Supreme Court · 1879

3Cited by6 opinions

  1. Jones v. CaslerIndiana Supreme Court · 1894
  2. In re the Estate of BreckwoldtNew York Surrogate's Court · 1939
  3. In re the Probate of the Will of WaldronNew York Surrogate's Court · 1897
  4. In re the Estate of MusacchioNew York Surrogate's Court · 1933
  5. Hatch v. SigmanNew York Surrogate's Court · 1883

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API