Hollenbeck v. Van Valkenburgh
New York Supreme Court
This was a bill filed in June 1848, for the purpose of proving a lost will. The complaint alleged that Johannes Hollenbeck ■ died on the 18th of March 1848, seized of real and personal estate.
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This was a bill filed in June 1848, for the purpose of proving a lost will. The complaint alleged that Johannes Hollenbeck ■ died on the 18th of March 1848, seized of real and personal estate. That on the 13th December 1831, he procured Doctor Benham to draw his will and execute it in due form to pass real and personal property, in the presence of Jacob C. Van Hoesen and John C. Van Hoesen, and that the will was enclosed in a wrapper and left with Doet.Benham for safe keeping. That on the 10th April 1848, the plaintiff, being the widow of the deceased, procured the said will from the family…
1Opinion of the Court
By the Court,
Parker, J.
This cause was commenced in equity before the Code took effect,' and was tried before the re*283feree on the 22d day of February 1849. It is, therefore, to be governed by the Code of 1848, so far as that act was made applicable to existing suits (Session Laws of 1848, p. 567).
I. On the trial, the plaintiff called as witnesses two of the defendants, viz, Richard Van Valkenburgh and Henry J. B. Tolley. They were objected to by the other defendants, On the ground of their interest in favor of the plaintiff. The objection was overruled and their testimony received. It is now…
2Cases cited3 opinions
- Blade v. NolandNew York Supreme Court · 1834
- Rutherford v. RutherfordCourt for the Trial of Impeachments and Correction of Errors · 1845
- People v. BartowNew York Supreme Court · 1826
3Cited by3 opinions
- Hoagland v. Van EttenNebraska Supreme Court · 1888
- Hoagland v. Van EttenNebraska Supreme Court · 1891
- In re the Probate of the Will of SilvermanNew York Surrogate's Court · 1950