In re Proving the Last Will & Testament & Codicil of Lawler
Appellate Division of the Supreme Court of the State of New York
Appeal by the contestants, Julia Lawler Lambe and others, from a decree of the Surrogate’s Court of the county of Onondaga, entered in the office of said surrogate on the 26th day of November, 1919, admitting to probate the alleged last will and testament of Edward Lawler, deceased, and the codicil thereto, after a trial before a jury, and also from an order entered in said surrogate’s office on the 29th day of November, 1919, denying contestants’ motion to set aside the…
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Appeal by the contestants, Julia Lawler Lambe and others, from a decree of the Surrogate’s Court of the county of Onondaga, entered in the office of said surrogate on the 26th day of November, 1919, admitting to probate the alleged last will and testament of Edward Lawler, deceased, and the codicil thereto, after a trial before a jury, and also from an order entered in said surrogate’s office on the 29th day of November, 1919, denying contestants’ motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Hubbs, J.:
The contestants filed objections to the probate of the alleged last will and testament of Edward Lawler, • deceased, also to the codicil thereto, and demanded a jury trial. An order was made directing that the issues raised by the objections filed be tried in the Surrogate’s Court before a jury.
One of the objections filed by the contestants to the probate of said alleged last will and testament was the objection that it was not subscribed, published and attested as required by the statutes of the State. Section 21 of the Decedent Estate Law requires that every last will and…
2Cases cited10 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
- Brown v. . ClarkNew York Court of Appeals · 1879
- In Re the Will of FowlesNew York Court of Appeals · 1918
- In Re the Probate of the Last Will & Testament of AndrewsNew York Court of Appeals · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re the Estate of JudgeNew York Surrogate's Court · 1931
- In re the Probate of the Last Will & Testament of CableNew York Surrogate's Court · 1924
- In re the Estate of AngleNew York Surrogate's Court · 1933
- In re the Estate of RauschNew York Surrogate's Court · 1930
- In re the Probate of the Will of BrownNew York Surrogate's Court · 1957
3 more not listed; retrieve them via the Exa API.