Legal Opinion

In re the Probate of the Last Will & Testament of Danklefsen

New York Surrogate's Court

Decided January 14, 1916Published

Appeal by Matte Wium, petitioner, from an order of the Surrogate’s Court of the county of Bichmond, entered in the office of said Surrogate’s Court on the 28th day of September, 1915, denying her petition, as one of the next of kin of the deceased, for a citation ordering the production of the original or a certified! copy of the later will of May 18, 1907, and of a revocation of March 26, 1908, both of which were executed in Danish in Copenhagen, Kingdom of Denmark, and…

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Appeal by Matte Wium, petitioner, from an order of the Surrogate’s Court of the county of Bichmond, entered in the office of said Surrogate’s Court on the 28th day of September, 1915, denying her petition, as one of the next of kin of the deceased, for a citation ordering the production of the original or a certified! copy of the later will of May 18, 1907, and of a revocation of March 26, 1908, both of which were executed in Danish in Copenhagen, Kingdom of Denmark, and that the probate of the will of August 1, 1904, he revoked.

1Opinion of the Court

Putnam, J. —

As the testator left, as nearest' of kin, a first cousin, the act of 1860 (ch. 360), now section 17 of Decedient Estate Law (Consol. Laws, ch. 13; Laws of 1 909, ch. 18), did not apply, and the bulk of his estate could go to a religious corporation; Under the will made in New York August 1, 1904, the Rector, Church Wardens and! Vestrymen’ of St. George’s Church in the city of New York could validly receive the fund given them by the testator for the maintenance, of the seaside work of St. George’s Church by the Sea at Rockaway Beach, L. I. Appellant, however, relies on the effect…

2Cases cited2 opinions

  1. Osburn v. Rochester Trust & Safe Deposit Co.New York Court of Appeals · 1913
  2. Osburn v. Rochester Trust & Safe Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1912

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