McNally v. Brown
New York Surrogate's Court
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
- Sheridan v. HoughtonNew York Supreme Court · 1879
3Cited by6 opinions
- Jones v. CaslerIndiana Supreme Court · 1894
- 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
- In re the Estate of MusacchioNew York Surrogate's Court · 1933
- Hatch v. SigmanNew York Surrogate's Court · 1883
1 more not listed; retrieve them via the Exa API.