Grant v. Grant
New York Court of Chancery
The bill in this cause was filed by Alexander Grant, to establish a last will and testament alleged to have been made in October, 1835, by his father, Alexander Grant 3d, and lost or' destroyed after his death. The decedent died on the 1st of February, 1842, at the age of 84 years. The complainant had for a great many years after he came to manhood, lived in the same house ivith his aged parents, taken care of them, and conducted the farm.
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The bill in this cause was filed by Alexander Grant, to establish a last will and testament alleged to have been made in October, 1835, by his father, Alexander Grant 3d, and lost or' destroyed after his death. The decedent died on the 1st of February, 1842, at the age of 84 years. The complainant had for a great many years after he came to manhood, lived in the same house ivith his aged parents, taken care of them, and conducted the farm. By the will set up in the bill, the decedent gave about 300 acres of his farm to the complainant, charged with legacies to his sisters ; and he gave about…
1Opinion of the Court
The Assistant Vice-Chancellor.
It was not contended at the hearing, that the court can establish a will against a part only of the heirs at law and next of kin of the decedent. Therefore, the testimony produced by the complainant, consisting of the admissions and declarations of two or three of the heirs of Alexander Grant 3d, will not aid in determining the question at issue. Those admissions are not evidence against the other defendants. The court is to take proof of the execution and validity of the alleged lost will. (2 R. S. 67, § 63.) These facts being put in issue in this cause, such…
2Cases cited2 opinions
- Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
- Remsen v. BrinckerhoffNew York Supreme Court · 1841
3Cited by7 opinions
- In Re the Revocation of the Probate of the Will of MyerNew York Court of Appeals · 1906
- Atherton v. GaslinCourt of Appeals of Kentucky · 1922
- In Re Kerckhof's EstateWashington Supreme Court · 1942
- Mundy v. MundyNew Jersey Superior Court Appellate Division · 1858
- Estate of Johnson, Superior Court of California, County of San Francisco1903
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