In re of Proving the Last Will & Testament of Purdy
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Horace B. Forman, from a decree of the Surrogate's Court of Hew York county, bearing date the 30th day of December, 1898, and entered in said Surrogate’s Court, dismissing his application to establish the alleged lost will of Augustus M. Purdy, deceased.
1Opinion of the Court
Ingraham, J.:
By this proceeding the proponent attempted to probate an alleged lost of destroyed will of Augustus M. Purdy, deceased. The surrogate denied the application upon two groupds, first, that the due execution of the proposed will was not proved; and, second, that the provisions of the alleged will were not clearly and distinctly proved, as required by section 1865 of the Code of Civil Procedure. We agree with the surrogate in the conclusion at which he arrived, and have little to add to the very satisfactory opinion stating the reasons for his conclusion.*
By section 2586 of the Code,…
2Cases cited4 opinions
- In Re the Probate of the Last Will & Testament of MacKayNew York Court of Appeals · 1888
- Mitchell v. . MitchellNew York Court of Appeals · 1879
- In re the Probate of the Last Will of PurdyNew York Surrogate's Court · 1898
- Howell v. MillsNew York Court of Appeals · 1874
3Cited by5 opinions
- In re the Estate of BreckwoldtNew York Surrogate's Court · 1939
- In re Proving the Last Will & Testament of HaberNew York Surrogate's Court · 1922
- In re the Probate of the Last Will & Testament of DorrityNew York Surrogate's Court · 1922
- In re the Probate of the Will of YanoverNew York Surrogate's Court · 1959
- Estate of Johnson, Superior Court of California, County of San Francisco1903